Chumley v. Magee

| ¡I dissent from the affirmance of summary judgment in favor of the sellers. I cannot join the majority’s retreat to the era of caveat emptor; in disregard of the redhibition articles and this court’s proper role in the review of summary judgment.

The seller of a house warrants the buyer against redhibitory defects which render the house either useless or its use so inconvenient that it must be presumed the buyer would not have purchased the thing had he known of the defect, or would have bought it at a lesser price. LSA-C.C. art. 2520; Hollingsworth v. Choates, 42,424 (La.App.2d…