Weaver v. Fleetwood Homes of Mississippi, Inc.

327 So. 2d 172, 1976 La. App. LEXIS 4798
CourtLouisiana Court of Appeal
DecidedFebruary 18, 1976
Docket5370
StatusPublished
Cited by22 cases

This text of 327 So. 2d 172 (Weaver v. Fleetwood Homes of Mississippi, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weaver v. Fleetwood Homes of Mississippi, Inc., 327 So. 2d 172, 1976 La. App. LEXIS 4798 (La. Ct. App. 1976).

Opinion

327 So.2d 172 (1976)

Gene WEAVER, Plaintiff-Appellee,
v.
FLEETWOOD HOMES OF MISSISSIPPI, INC., et al., Defendants-Appellants.

No. 5370.

Court of Appeal of Louisiana, Third Circuit.

February 18, 1976.

*174 Lunn, Irion, Switzer, Carlisle & Salley by Jack E. Carlisle, Jr., Shreveport, for defendants-appellants.

Whitehead & McCoy by Charles R. Whitehead, Jr., Edwin Dunahoe, Natchitoches, for plaintiff-appellee.

Before MILLER, WATSON and CUTRER, JJ.

CUTRER, Judge.

Plaintiff, Gene Weaver, sued defendants, Fleetwood Homes of Mississippi, Inc. and Bacon Mobile Home Sales, Inc., to rescind the sale of a mobile home purchased by plaintiff. Numerous defects were alleged as the basis for rescission. Judgment was rendered in favor of plaintiff. Defendants have appealed from that judgment, and plaintiff has answered the appeal requesting additional attorneys' fees for the services performed in connection with the appeal of the case. We affirm.

On November 13, 1972, plaintiff purchased from Bacon Mobile Home Sales, Inc. (hereinafter sometimes referred to as "Bacon") a 1973 Fleetwood double wide mobile home. At the time of the purchase, neither plaintiff nor his wife had an opportunity to inspect or observe the mobile home; at the time it was being constructed by Fleetwood Homes of Mississippi, Inc. (hereinafter sometimes referred to as "Fleetwood"). The purchase price for the home was $13,001.07. This price included all charges for delivery and installation of the mobile home on the Weaver property near Fairview Alpha, Louisiana. The home was delivered to plaintiff's property within one week after execution of the sale. Upon delivery of the home to the property the two halves of the double wide mobile home had to be attached to each other, and the mobile home had to be set up and leveled. During this assembly and installation, plaintiff's wife noticed several imperfections which she pointed out to the crew from Bacon that was setting up the home. She was informed that any problems in the home would be corrected. Subsequent attempts to make the necessary corrections were not successful and this litigation ensued.

Suit was filed in this matter on May 28, 1974. Plaintiff alleged the following vices and defects in the mobile home:

(1) The unit is unlevel.
(2) The two halves which make up the unit are not matched so that they will fit together, and one side is 1¼ inch or more out of line with the other side.
(3) The unit leaks.
*175 (4) The roof is deteriorated.
(5) The metal skirting around the unit is unsightly and was damaged when installed, and also caused damage to the sides of the mobile home.
(6) The skirting around the unit was placed without any vents.
(7) The unit is pulling apart in the master bedroom.
(8) Air from the air conditioning goes through the heating unit.
(9) The air conditioning ducts need to be replaced and are falling apart.
(10) Carpet in the master bedroom does not fit and was not installed correctly.
(11) Knobs and pulls were left off of the furniture.
(12) Curtain rods were broken when the unit was set up.
(13) The front screen door does not fit and will not latch.
(14) The cabinet doors in the kitchen are not properly fitted.
(15) Trim work on the inside of the unit is not matched and some is missing.
(16) The eaves of the unit are sagging and are crooked.

Plaintiff prayed for a rescission of the sale setting it aside and granting plaintiff judgment against the defendants, in solido, for the sum of $13,001.07, together with legal interest thereon from the date of the sale until paid, and for all costs. Plaintiff further prayed for damages in the amount of $5,000.00, together with legal interest thereon. Alternatively, plaintiff prayed for a diminution of the price of the home by the sum of $10,000.00. An answer and third party demand was filed by Fleetwood on September 27, 1974, denying the allegations of plaintiff's petition. Alternatively, Fleetwood alleged that plaintiff was contributorily negligent in maintaining the mobile home, thus contributing to the defects present in the home. The allegation of the third party demand was that if the mobile home were damaged in any way, it was the agents or employees of Bacon who had caused the damage by improper installation after the unit was received from the factory. In the event Fleetwood was held liable to plaintiff for the defects alleged in the original petition, Fleetwood prayed for judgment in an equal amount against Bacon, or for contribution.

Bacon answered the main and third party demands with a general denial. An amended answer filed by Bacon alleged that, in the event the sale of the home was rescinded, it was entitled to a reasonable value for the use of the mobile home in an amount not less than $200.00 per month. A third party demand was also filed by Bacon against Fleetwood praying for judgment in its favor against Fleetwood in the event that plaintiff's main demand against Bacon was granted. A request for attorneys' fees in the amount of $2,500.00 was also made a part of this third party demand.

A supplemental petition was filed by plaintiff alleging further defects, as follows:

(1) The floor in the hallway is weak and giving way.
(2) The floor covering which has been repaired is coming up again.
(3) The two trailer units, where joined, are pulling apart.
(4) The carpet in the living room is wet, holding moisture under the carpet.
(5) The walls through out the entire unit are not aligned properly.
(6) The floor in the living room at the front entrance is weak and loose, making a creaking sound when walked on.
*176 (7) The floor under the hot water heater is giving way and the heater is falling through.
(8) The back door does not shut properly.
(9) The window on the back door is broken. Unsuccessful attempts to repair this have been made twice.
(10) The heating ducts underneath the two trailer units are bent and out of place, causing a lengthy delay in heating properly.
(11) The air conditioning ducts are coming apart and leaking, causing a lengthy delay in cooling properly.
(12) The siding on the exterior of the unit, especially on the corners, will not stay connected.

An additional amount of $5,000.00 for attorneys' fees was also requested. An amended answer was filed by Fleetwood requesting a credit for the reasonable value of the use of the unit in an amount not less than $225.00 per month, should the sale be rescinded. Pleas of prescription by Fleetwood and Bacon were referred to the merits. Following a trial on the merits, the trial judge rendered an opinion which stated that he accepted the testimony of Mr. and Mrs. Weaver and Mr. T. J. Stephens, and that the evidence as a whole supported plaintiff's claim in redhibition. He determined that plaintiff was entitled to rescission of the sale and a return of the purchase price, subject to a credit of $60.00 per month rental value.

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Bluebook (online)
327 So. 2d 172, 1976 La. App. LEXIS 4798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weaver-v-fleetwood-homes-of-mississippi-inc-lactapp-1976.