O'Boyle v. Promersberger

I respectfully dissent. The majority opinion states that the “O’Boyle’s suit against the Beards is based upon redhibitory defects and the petition asks solely for ‘quanti minoris and damages.’ ” I disagree. I believe that a fair reading of plaintiffs petition leaves no doubt that the plaintiffs allege that, through their various agents listed in the petition, defendants, Beards, asserted to them that the roof of the house was free from leaks and that the heating, cooling, electrical and plumbing systems were in working order and that the Beards and other defendants knew of and concealed these…