Bart v. Conforto

Oscar Bart, a contractor, alleges that defendant is indebted to him in the sum of $300 as the amount due for the performance of a written contract to install certain tiles on the walls and sink of his kitchen. He prays for personal judgment against Conforto and for recognition of his lien upon the property, No. 2522-24 Ursuline Avenue in New Orleans, belonging to the said Conforto.

Defendant filed a plea of prematurity based on the alleged fact "that the plaintiff has not completed and has refused to complete the work entered into with defendant." At the same time defendant also filed an…