Duvio v. Specialty Pools Co.

ON APPLICATION FOR REHEARING

SANDRA CABRINA JENKINS, Judge.

hWe grant Specialty Pools’ application for rehearing for the limited purpose of addressing its argument that the original opinion erroneously concluded that the trial testimony of Mr. Duvio’s wife, Cathy, could be considered as “corroborating circumstances” sufficient to defeat Specialty Pools’ motion for a directed verdict on Mr. Duvio’s claim for liquidated damages based on an oral agreement, pursuant to La. Civ.Code art. 1846.

Specialty Pools is correct that Mrs. Du-vio’s testimony cannot be considered in determining the correctness…