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DOUCET, Judge, dissenting in part.
I respectfully dissent from the majority herein with regard to the reconventional demand for redhibition only. My reading of the record convinces me that Hays did not waive the warranty of redhibitory vices imposed by law. Further, I am convinced that Hays carried his burden of proving a redhibi-tory defect and is entitled to a reduction in the sale price of the paper.
In connection with the main demand on the open account, I agree with the majority’s decision and the award of attorney’s fees.
Document Info
Docket Number: No. 93-159
Citation Numbers: 627 So. 2d 699, 1993 WL 485829
Judges: Doucet, Saunders, Stoker
Filed Date: 11/24/1993
Precedential Status: Precedential
Modified Date: 10/18/2024