Lier v. Hight

STOULIG, Judge.

Defendant, Carol W. Hight, has appealed the judgment awarding plaintiffs, Maureen and Anthony Cash, $937 for termite damage in the garage of the residence they purchased from defendants on June 15, 1976. Appellant seeks a reversal, asserting plaintiffs failed to prove their case. We agree and reverse.

This is an action in quanti minoris (C.C. art. 2541), which is subject to the same rules and limitations as a redhibitory action (C.C. arts. 2520, 2521 and 2544). The limitation pertinent here is the buyer’s inability to base quanti minoris on a defect that could have been…