Montalbano v. Berner's, Inc.

STOULIG, Judge.

Defendant, Berner’s, Inc., has appealed a judgment ordering it to replace a 2V2-ton-*924capacity condenser in an air-conditioning system with one with a 3-ton capacity. Plaintiffs, Mr. and Mrs. Vincent J. Montal-bano, answered this appeal, requesting this court to award the attorney fees they expended to bring this suit on a contract.

On March 25, 1970, plaintiff entered into a written contract with Berner’s, Inc., to install air-conditioning units in two apartments they own at 1422-24 Carrollton Avenue in Metairie. Plaintiffs occupy the larger apartment and rent the smaller one.…