Tooke v. Burke
Supreme Court of Louisiana
Appeal from Fourth Judicial District Court, Parish of Lincoln; John B. Holstead, Judge. Action by Mrs. Mary S. Tooke and husband against H. B. Burke and others. Judgment for defendants, and plaintiffs appeal.
1Opinion of the CourtProyosty, J.
This suit is by Mrs. Tooke upon a bond given to secure the performance of a building contract against R. B. Burke, the contractor, and his sureties, S. Dillard, W. T. Strain, and W. A. Givens.
One defense is that the plaintiff breached the contract by interfering with the work and in divers ways hampering Burke; but of this defense suffice it to say that it is disproved.
[1] The next defense is that plaintiff released Burke from the contract, and that thereby the sureties were released.
Plaintiff’s husband, Tooke, who acted for her throughout as her agent, and Mr. Reynolds, the legal adviser of…
2Cases cited4 opinions
- Lachman & Jacobi v. Henry Block & Bro.Supreme Court of Louisiana · 1895
- H. & C. Newman, Ltd. v. ScarboroughSupreme Court of Louisiana · 1905
- Macready v. SchenckSupreme Court of Louisiana · 1891
- Freeland v. BriscoeSupreme Court of Louisiana · 1848
3Cited by5 opinions
- Frederick Raff Co. v. MurphySupreme Court of Connecticut · 1929
- Cook v. Ruston Oil Mills & Fertilizer Co.Supreme Court of Louisiana · 1930
- Manufacturers Casualty Insurance v. Martin-Lebreton Insurance AgencyDistrict Court, E.D. Louisiana · 1956
- Strain v. BurkeSupreme Court of Louisiana · 1917
- Wells v. Fidelity & Deposit Co. of MarylandSupreme Court of Louisiana · 1919