Idacon, Inc. v. Arnold Construction Co.

NORRIS, Judge.

The seller of a wood-treating chemical sued the buyer on a past due open account. The buyer reconvened for past and future repairs allegedly necessitated by the failure of the seller’s product in wooden materials the buyer ultimately sold to third parties. By exception the seller urged the reconventional demand was one in redhibition and had prescribed. After a hearing on the exception, the trial court held that as to past repairs the reconventional claim was in redhibition and had prescribed, but as to future repairs, possibly to be claimed against Arnold by third party…