Stack v. Irwin

REGAN, Judge.

Plaintiff, Leo Stack, instituted this suit to rescind an agreement to purchase the residence of the defendants, Mr. and Mrs. T. C. Irwin, asserting that the structure contained numerous redhibitory vices. The most serious defect complained of was a crack in the terrazzo floor in the living room which extended into the concrete, slab foundation. On the initial trial hereof, the judge concluded that the crack did not affect the structural soundness of the dwelling; therefore, he ordered a diminu*854tion in the purchase price. We affirmed that finding on appeal. However, this court was…