Scott Fence & Insulation Co. v. Boudro

REDMANN, Judge.

Plaintiff appeals from the dismissal on the merits of its suit for the contract price of a fence.

The trial judge’s narrative of the facts (in lieu of transcript, C.C.P. art. 2131) is that, as photographs show, one whole side of the fence was located on public property over two feet from defendant’s property line; the fence did not inclose her air conditioner ; and the tops of its vertical boards were not picket-shaped as specified in the contract. Defendant’s uncontradicted testimony was that her agreement with plaintiff’s salesman was that the fence was to *459be installed on the…