St. John the Baptist Parish Police Jury v. Louisiana & Arkansas Railway Co.

GARRISON, Judge.

The plaintiff Police Jury sued the defendant railroad to be reimbursed for $982.80, the cost of 72 tons of “hot mix” of asphalt. The plaintiff contended that on September 20, 1976, the Police Jury and the railroad entered into a verbal contract whereby the former agreed to sell and the latter agreed *757to buy tbe hot mix needed to perform repairs on two railroad crossings within the parish. The railroad responded that the plaintiff Police Jury had agreed, as was customary, to furnish the hot mix without charge.

It was the position of the plaintiff that the agreement had been…