If a warranty should have been stipulated, or if nothing has been agreed upon on this point, if the eviction has taken place, the vendee shall have the right to demand of the vendor:\n(1) The restitution of the price which the thing sold had at the time of the eviction, whether it be greater or less than that of the sale.\n(2) The fruits or proceeds, should he have been adjudged to deliver them to the person who won the suit instituted against him.\n(3) The costs of the suit which caused the eviction, and, in a proper case, those of the suit instituted against the vendor for the warranty.\n(4) The expenses of the contract, if the vendee should have paid them.\n(5) The damages and interest and the voluntary expenses or of mere recreation or ornamentation, should the sale have been made in bad faith.\nHistory —Civil Code, 1930, § 1367.