Décision judiciaire de Tribunaux de Première Instance, 14 février 2008 (cas Tribunal d'instance de La Châtre, 14 février 2008, 07/000007)
Date de Résolution: | 14 février 2008 |
Numéro de Décision: | 07/000007 |
Juridiction: | Tribunal d'instance |
Tribunal d'instance
Ct0438
Audience publique du 01/01/2999
N° de pourvoi: 07/000007
Publié par le Service de documentation et d'études de la Cour de Cassation
REPUBLIQUE FRANCAISE
AU NOM DU PEUPLE FRANCAIS
TRIBUNAL D' INSTANCE LA CHATRE
Place Guy Bonjour
36400 LA CHATRE
JURIDICTION DE PROXIMITE
JUGEMENT DU 14 Février 2008
Minute no 6 / 2008
RG no 91- 07- 000007
C... Claudec / X... Daniel
DEMANDEUR:
Monsieur C... Claude..., 36120 ST AOUT, représenté par SCP PERROT BRIZIOU- HENNERON, avocat au barreau de CHATEAUROUX;
DEFENDEURS:
Monsieur X... Daniel Z..., 36230 MONTIPOURET, représenté par SCP DRAPEAU- BONHOMME, avocat au barreau de CHATEAUROUX;
Madame A..., 36230 MONTIPOURET, représentée par SCP DRAPEAU- BONHOMME, avocat au barreau de CHATEAUROUX;
= = = = = = = = = = = = = = = = = =
JUGE DE PROXIMITE: Laura TARDY, juge placé, en charge du service du Tribunal d' Instance de la CHATRE par ordonnance de Monsieur le Premier Président de la Cour d' Appel de BOURGES en date du 13 décembre 2007;
Greffier lors des débats: Bernadette SÉNÉCHAL, greffier, chef de greffe;
DEBATS: AUDIENCE PUBLIQUE DU 17 JANVIER 2008;
DECISION:- contradictoire
- en dernier ressort
rendue publiquement par Laura TARDY, juge de proximité;
Signée par Laura TARDY, Juge de Proximité et Bernadette SÉNÉCHAL, greffier, chef de greffe;
FAITS ET PROCÉDURE
Par jugement rendu le 24 mai 2007 auquel il est expressément renvoyé pour l' exposé des faits et de la procédure antérieurs, le tribunal a ordonné avant dire droit une mesure d' expertise et commis à cette fin Monsieur B....
L' expert a déposé le rapport écrit de ses opérations le 3 septembre 2007.
PRÉTENTIONS ET MOYENS DES PARTIES
Monsieur C... demande à la juridiction de proximité de condamner Monsieur et Madame X... à lui verser la somme de 1 193, 84 Euros augmentée des intérêts de droit à compter du 21 avril 2006, d' homologuer le rapport de l' expert, de débouter Monsieur et Madame X... et de les condamner à lui verser 1 000 Euros en réparation de son préjudice moral et professionnel, 1 500 euros au titre des frais de défense et à supporter les dépens.
Il fait valoir que dans son rapport l' expert a relevé qu' il avait exécuté le contrat conformément à ses stipulations, y ajoutant même puisqu' il devait recouvrir 150 m ² de grave ciment et qu' il en a recouvert sans supplément de coût 238 m ². Les désordres apparents sont de nature purement esthétique et liés tant à la configuration des lieux qu' à la nature granuleuse de la...
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