Warriner v. Russo

REDMANN, Judge.

In 1969 plaintiff sued to set aside his 1967 sale of immovable property to defendant *572for fraud he could not prove. During the trial, however, evidence was introduced suggesting that the sale price was less than half the value of the property at the time. On an appeal in 1975, La.App., 308 So.2d 499, we noted the resultant possibility that the sale was rescindable for lesion beyond moiety, La.C.C. 2589, unless the purchaser elected to pay the difference in price, C.C. 2591, and we therefore set aside the judgment dismissing plaintiff’s suits and remanded, ¡while agreeing that…