Clark v. Cottage Builders, Inc.

AYRES, Judge.

This appeal is from a judgment sustaining a plea of prescription of one year under the provisions of LSA-C.C. Art. 2546.

The sole issue is whether the appropriate prescription is that of one year, applicable to actions in redhibition under the aforesaid codal provision, or one of ten years as applicable to contractors and undertakers under LSA-C.C. Arts. 2762 and 3545. The question concerns, therefore, the relationship of the parties — whether vendor and vendee, or contractor, or undertaker, and contractee.

“Redhibition” is defined by LSA-C.C. Art. 2520 as “ * * * the avoidance of…