Canal Motors, Inc. v. Campbell

SAMUEL, Judge.

This is a suit for $3,137.50, the balance due on a used 1968 station wagon delivered by plaintiff to the defendant. Defendant’s answer admitted the sum was unpaid but averred the reason for non-payment was “beyond his control”. Acting on a plaintiff motion, the trial court rendered judgment on the pleadings in plaintiffs favor under LSA-C.C.P. Art. 965. On appeal we reversed and remanded.1 After trial on the merits following the remand there was judgment in plaintiff’s favor, as prayed, for $3,137.50. Defendant has appealed and the matter is now before us on the merits.

The…