S & W INVESTMENT COMPANY v. Otis W. Sharp & Son, Inc.

HAMITER, Justice.

In this suit S & W Investment Company, Inc., seeks to recover a sum expended by it for completing a swimming pool which the defendant, Otis W. Sharp and Son, Inc., had originally contracted to build but later abandoned.

The district court’s judgment in favor of plaintiff for $2174.95 was reversed by the Court of Appeal, and the suit was dismissed. 162 So.2d 171. We granted cer-tiorari. 246 La. 371, 164 So.2d 359.

The swimming pool was to be built by the defendant, at a contracted price of $4725, in the patio area of a motel proposed to be constructed by plaintiff. It was…