Legal Opinion · Dissent

Barnett Enterprises, Inc. v. Ward

Louisiana Court of Appeal

Decided June 30, 1978No. 8813Published

1DissentBoutall, Judge

The basic issue is the interpretation of the quoted provisions for extension of time for passing the act of sale in the event bona fide curative work is required. A similar provision was considered in the case of Wells v. Spears, 255 So.2d 215 (La.App. 1st Cir. 1971) and it was determined that because there was no notification of title defects to the seller prior to the time for passage of the act of sale, the agreement became null and void. In that case the court stated that written notification would be required, however, I do not consider that as controlling here because of the difference…

2Cases cited3 opinions

  1. Alley v. New Homes Promotion, Inc.Louisiana Court of Appeal · 1971
  2. Wells v. SpearsLouisiana Court of Appeal · 1971
  3. Bagby v. ClarkLouisiana Court of Appeal · 1976

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