Lee v. Carruth

FRUGÉ, Judge.

This appeal concerns the sustaining of an exception of improper cumulation of actions and the subsequent dismissal of the plaintiffs’ suit because their amended petition did not sufficiently comply with the trial court’s order of amendment.

Plaintiffs and defendant, a real estate developer-contractor, entered into a “Contract to Build and Contract to Buy and Sell” a house and a lot. Plaintiffs sued to rescind the sale of the house they bought from the defendant, alleging that the house had fallen into ruin and could not be repaired. In the alternative, they prayed for a judgment…