duTreil v. Wohlert

HALL, Judge.

This suit involves the alleged breach by defendant of a written contract whereby defendant agreed to sell to plaintiff a certain parcel of land situated in St. Charles Parish “free and clear of all liens, mortgages or other encumbrances.” Plaintiff alleges that defendant failed to tender him a title free of encumbrances in that the property was incumbered by four gas pipeline servitudes belonging to United Gas Pipeline Company. Plaintiff demanded the return of his $500.00 deposit which was refused. He thereupon filed this suit seeking to recover the $500.00 deposit plus an equal…