Legal Opinion

A. Baldwin & Co. v. B & R Fences, Inc.

Louisiana Court of Appeal

Decided December 7, 1978No. 9964PublishedCited by 2 opinions

1Opinion of the Court

GULOTTA, Judge.

In an open account case where the affidavit of correctness of the account is executed by an officer of the plaintiff corporation and refers to invoices attached to the petition showing receipt of merchandise by defendant from a corporation other than the plaintiff corporation, no prima facie proof has been established to support a default judgment in favor of plaintiff.1 CCP 681; CCP 690; CCP 1702; Eddie’s Hardware, Inc. v. Rago, 320 So.2d 276 (La.App. 4th Cir. 1975); Carboline Co. v. Hymel 335 So.2d 45 (La.App. 4th Cir. 1976).

Accordingly, the judgment is reversed and set…

2Cases cited2 opinions

  1. Eddie's Hardware, Inc. v. RagoLouisiana Court of Appeal · 1975
  2. Carboline Company v. HymelLouisiana Court of Appeal · 1976

3Cited by2 opinions

  1. Keaty v. RPM International, Inc.Louisiana Court of Appeal · 2016
  2. Ecrevisse Acadienne, S.A. Ltd. v. C & C Seafood, Inc.Louisiana Court of Appeal · 1988

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