United States Fifth Circuit

In a buyer's state law action seeking a reduction in the purchase price of a triplex in the French Quarter due to certain alleged redhibitory defects, summary judgment for defendant-seller is affirmed in part and reversed in part where: 1) summary judgment on a claim relating to termite damage was proper as plaintiff was aware of some termite damage but failed to properly investigate further; but 2) nothing in any reports placed plaintiff on notice about a defect in a broken roof drain pipe, and thus summary judgment was improper as to that claim.

Appellate Information

• Decided 03/16/2007
• Published 03/19/2007

Judges

• PRADO, Circuit Judge:, Before JONES, Chief Judge, and REAVLEY and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Geoffrey H. Longenecker (argued), Longenecker & Associates, Covington, LA, for Jessup., Gail Dodson Nicholson (argued), Chester D. Nicholson, Nicholson & Nicholson, Gulfport, MS, Alfred Z. Butterworth, Hesse & Butterworth, Bay St. Louis, MS, for Ketchings,