Legal Opinion

Derbes, Cabellero & Miller v. Fitzpatrick-Till Auction Co.

Louisiana Court of Appeal

Decided December 10, 1928No. 10,544Published

1Opinion of the CourtJones, J.

This is a suit for $1,017.50, alleged balance due plaintiff for auditing defendant’s books. Defendant denied all indebtedness and averred that plaintiff’s work was so negligently performed that he sustained a loss, through a defaulting bookkeeper, of $879.63, for which amount he reconvened.

There was judgment below for the amount claimed by plaintiff and a judgment on the reconventional demand in favor of defendant for $85.00. Defendant has appealed suspensively to this Court.

The sole question before us is one of fact, the existence vel non of the indebtedness.

Appellant made no appearance in…

2Cases cited3 opinions

  1. Schwan v. PetermanSupreme Court of Louisiana · 1909
  2. Succession of SunerLouisiana Court of Appeal · 1926
  3. Traders Securities Co. v. Heartfield Allen Drug Co.Louisiana Court of Appeal · 1928

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