Johnsa v. Edwards

COLE, Justice.

This case revolves around the aborted act of sale, and the consequent damages resulting therefrom, of a parcel of immovable property located at Marengo Street and St. Charles Avenue in New Orleans. The issues presented for resolution are: (1) whether “failure to mitigate damages” is *1281an affirmative defense (required by La. Code Civ.Proc. art. 1005 to be pleaded specially in a defendant’s answer); (2) whether the existence and sufficiency of a power of attorney on behalf of one of the mortgagors was sufficiently proven before the trial court; and, (3) whether assessing legal…