Fitzmorris v. Kelly

McCALEB, Justice.

Plaintiffs, Mr. and Mrs. Curtis J. Pursell, are seeking the rescission of their purchase from defendant, John J. Kelly, 1 on March 4, 1958, of Lot 13-A, Square 633, First District of New Orleans, together with the improvements thereon consisting of a wooden two-story frame combination grocery store and residence bearing municipal No. 238 South Salcedo Street. The basis for the action is that the building, which was more than 40 years old at the time of the sale, contains hidden vices and defects resulting in part from extensive termite damage to the interior, it being alleged…