Legal Opinion

Hebert v. Weil

Supreme Court of Louisiana

Decided April 10, 1905No. 15,142PublishedCited by 7 opinions

Appeal from Civil District Court, Parish of Orleans; Walter Byers Sommerville, Judge. Action by E. A. Hebert against Leopold Weil. From a judgment for plaintiff, defendant appeals. Original opinion withdrawn on rehearing.

1Opinion of the CourtBreaux, C. J.

Plaintiff seeks to recover the sum of $3,300, with 8 per cent, interest from judicial demand, last installment claimed as due under a building contract.

The plaintiff is a contractor and builder. The defendant is the owner, for whom plaintiff bound himself to build houses on his lots in this city. The original amount to be paid for these improvements was $18,300, in six installments. The last installment was to be paid 15 days after the completed and accepted work.

The defendant declined to pay, and alleged for reason in thus declining that plaintiff was indebted to Mm for “demurrage” for not…

2Cases cited6 opinions

  1. Ward v. Hudson River Building Co.New York Court of Appeals · 1891
  2. Blymer Ice Machine Co. v. McDonaldSupreme Court of Louisiana · 1895
  3. J. P. Mahoney & Co. v. Rector of St. Paul's ChurchSupreme Court of Louisiana · 1895
  4. Gallagher v. StateCourt of Criminal Appeals of Texas · 1895
  5. Succession of Thompson v. AllisonSupreme Court of Louisiana · 1876

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Brasher v. City of AlexandriaSupreme Court of Louisiana · 1949
  2. Penn Bridge Co. v. City of New OrleansCourt of Appeals for the Fifth Circuit · 1915
  3. Peterson v. PeraltaLouisiana Court of Appeal · 1926
  4. Wallis v. Inhabitants of WenhamMassachusetts Supreme Judicial Court · 1910
  5. Davidson v. McGrathLouisiana Court of Appeal · 1926

2 more not listed; retrieve them via the Exa API.

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