Ponder v. Gambrell

HALL, Chief Judge.

Plaintiff, Linda Ponder, instituted this action for redhibition arising out of the sale of a home naming as defendants, the vendors, Danny and Janet Gambrell. Plaintiff sought rescission of the sale or in the alternative, damages. Defendants filed a peremptory exception of prescription alleging that the plaintiffs claim had prescribed. After a hearing on the exception, the trial court held that plaintiffs claim as to the rescission of the sale had prescribed under the one year prescriptive period applicable to actions for redhibition. However, the trial court held that…