Bach v. Twogood
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE FIRST JUDICIAL DISTRICT. This is a suit to procure the erasure of a mortgage which resulted from a building contract of $7000, entered into by the plaintiff with the defendant, Twogood. The plaintiff shows that by the terms of the contract, the building was to have been finished and delivered the 1st of April, 1838, but was not finished according to contract.
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APPEAL PROM THE COURT OP THE FIRST JUDICIAL DISTRICT. This is a suit to procure the erasure of a mortgage which resulted from a building contract of $7000, entered into by the plaintiff with the defendant, Twogood. The plaintiff shows that by the terms of the contract, the building was to have been finished and delivered the 1st of April, 1838, but was not finished according to contract. He further shows that by payments and deductions he had reduced the principal sum to $1778. This was admitted. It further appeared that the plaintiff having a demand against the defendant, Twogood, brought…
1Opinion of the CourtMorphy, J.
The object of this suit is to obtain the erasure from the registry of mortgages of a recorded lien resulting from a building contract entered into between plaintiff and Twogood. The petition sets forth that Twogood undertook to build a house for plaintiff for the sum of $7000 to be delivered on the 1st of April, 1838 ; that the house was not delivered at the stipulated period, and that the materials and workmanship were so defective that when the objections to the same were submitted to arbitrators chosen by mutual consent, a deduction of $827 was made from the price originally agreed upon ;…
2Cited by2 opinions
- Rule of Pilcher v. AndersonSupreme Court of Louisiana · 1881
- Cazzo v. UlrichLouisiana Court of Appeal · 1916