Penton v. Healy

|,ARMSTRONG, C.J.,

dissents in part.

I respectfully dissent in part. I agree with the majority insofar as it affirms the judgment of the trial court in favor of the plaintiff and remands for a determination of the abuse of process and attorney’s fees claims. However, I respectfully disagree with the reversal of the judgment awarding the plaintiff $1,500 for the value of his services.

It is clear from the evidence cited in the majority’s opinion that there was no agreement between the plaintiff and the defendant as to the price to be paid for the photographs. Since LSA-C.C. art. 1927 provides…