Dixie Building Materials Co., Inc. v. Bob L. Whittington & Associates, Inc.

588 So.2d 78 (1991)

DIXIE BUILDING MATERIALS CO., INC.

v.

BOB L. WHITTINGTON & ASSOCIATES, INC. and Kenneth M. Prieur.

No. 91-C-1676.

Supreme Court of Louisiana.

October 18, 1991.

Prieur's reconventional demand was based on the defectiveness of the concrete. His claim was prescribed by the one-year prescriptive period. Prieur's reconventional demand was not filed within 90 days of service of the main demand under La.Code Civ.P. art. 1067. However, La.Code Civ.P. art. 424 allows a prescribed obligation to be used as a defense if it is incidental to, or connected with, the obligation sought to be…