Southern Development Co. v. Dubroca
Supreme Court of Louisiana
Certiorari to Court of Appeal, Fourth Circuit, Parish of Orleans. Action by the Southern Development Company against A. V. Dubroca. The New Orleans Pacific Railroad Company was called in warranty. Judgment for plaintiff, and the warrantor appealed to the Court of Appeal, which dismissed the appeal, and it applies for certiorari or writ of review.
1Opinion of the CourtProvosty, J.
The Southern Development Company brought a petitory action against A. Y. Dubroca. The latter called in warranty his vendor, the New Orleans Pacific Railway Company. This last excepted peremptorily to the call in warranty, alleging that the sale had been made with exclusion of warranty and at the purchaser’s risk and peril, he knowing the danger of eviction. The warrantor did not stop there, however, but went on and pleaded that, in case the peremptory exception was overruled, then it joined in and adopted as its own the defendant’s answer to the plaintiff’s suit. On the main demand there was…
2Cases cited1 opinion
- Anderson v. CadeSupreme Court of Louisiana · 1836
3Cited by1 opinion
- Texas N.O.R. Co. v. Miller Co.Louisiana Court of Appeal · 1941