Succession of Hiligsberg

The judgment of the court was pronounced by

Rost, J.

Guillaume Hiligsberg and E. Léon Bernard entered into a joint contract with a builder, John Fleming, for the erection of certain brick buildings in the city of New Orleans. By a notarial act, subsequently passed between the parties of the first part, Hiligsberg assumed the payment of all moneys to which Fleming might become entitled under that contract, and released Bernard from all responsibility on account thereof. Fleming was unable to complete the buildings, and the other parties having refused to pay him the whole sum agreed upon, he…