Summary
In Ark-La-Tex Builders Realty, supra, the plaintiffs' own expert testified that after partial renovation of the trailer by the manufacturer, the leakage problems could be permanently repaired for $350. Finally, the case of Trigg v. Camper Village, Inc., 424 So.2d 1085 (La.App. 1st Cir. 1982), only gives examples of minor defects, but the court ordered the sale rescinded due to a major defect of warping floors in the mobile home.
Summary of this case from Landry v. Nobility Homes, Inc.Opinion
No. 13169.
March 21, 1977.
APPEAL FROM FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO, STATE OF LOUISIANA, HONORABLE WILLIAM J. FLENIKEN, J.
Charles E. Tooke, Jr., Shreveport, for Ark-La-Tex Builders Realty, Inc.
Edmund M. Thomas, Shreveport, for Paul L. Hoge.
Lunn, Irion, Switzer, Johnson Salley by Jack E. Carlisle, Jr., Shreveport, for Terry Industries of Texas, Inc.
Before BOLIN, PRICE and MARVIN, JJ.
In a redhibitory action, the trial court denied rescission of the sale of a travel trailer, but allowed a reduction of $500 in the purchase price. Plaintiff appeals. We affirm.
The issues are factual, and primarily concern to what extent, if any, the trailer was rendered useless because it allegedly leaked. The testimony conflicted as to the existence and extent of the leakage at given times and as to the success of defendant's efforts in stopping the leak or leaks. Mitigating against plaintiff's claims that the trailer leaked extensively so as to render it useless, was evidence relating to a somewhat regular and periodical use of the trailer while it allegedly leaked for some nine months between the purchases and the filing of suit; the partial renovation of the trailer and testing for leaks by the manufacturer after suit was filed; and the testimony of plaintiff's expert repairman that the leak or leaks complained of could be permanently repaired for $350.
If the evidence in a redhibitory action establishes only a partial failure of consideration, the trial court is empowered to decree reduction. LSA-C.C. Art. 2543. The Civil Code speaks only in general terms as to the circumstances under which the court in its discretion, may grant reduction instead of redhibition. Redhibition is the remedy when the defect in the thing sold renders it (1) ". . . absolutely useless, or its use so inconvenient and imperfect, that it must be supposed that the buyer would not have purchased [the thing], had he known of the vice" (Art. 2520), or (2) ". . . useless and altogether unsuited to its purpose . . ." (Art. 2541).
Art. 2541 also allows the purchaser a reduction in the purchase price when the defect is "such as merely to diminish the value [of the thing sold] . . ." Art. 2542 likewise allows the purchaser reduction when a declared, but missing, quality of the thing sold is not of "such importance as [would] induce him to demand a redhibition."
Under these codal principles, if the circumstances of the particular case are such that the defect complained of does not render the thing sold useless, or its use inconvenient to the degree that it is altogether unsuited to its purpose, the court is warranted in denying redhibition and granting a reduction. In any case, this is essentially a factual determination best made by the trial court. See Williamson v. Strange, 323 So.2d 875 (La.App. 2d Cir., 1975) and cases cited therein; Wade v. McInnis Peterson Chevrolet, Inc., 307 So.2d 798 (La.App. 1st Cir., 1975).
The lower court, in its written reasons for judgment, considered all of the factual issues and resolved them against plaintiff-appellant. We find no error on the part of the lower court in allowing the reduction in the purchase price instead of rescinding the sale. At appellant's cost, judgment below is
AFFIRMED.