Townsend v. Caldwell
Supreme Court of Louisiana
Appeal from' the Parish Court of New Orleans, Maurian, J. The plaintiffs claim a balance due, under a written contract, for work done in ‘ filling up nineteen door openings in the first tier of boxes in the building known as the St, Charles Theatre, for which the defendant bound himself to furnish the necessary materials, and to pay the sum of one thousand dollars.’
1Opinion of the CourtGarland, J.
This suit is brought to recover a balance owing for work and labor done on the St. Charles Theatre, in the year 1835, by the plaintiffs, who are carpenters. A written contract was entered into, which appears to have been lost, by which the defendant agreed to pay $1000, for the work; and it isadmitted tbaf he has paid all, except the sum of $346 21. The defendant excepted to answering the petition, on the grounds :
First, That a written contract is alleged to have existed, but no copy, or sufficient statement of its contents are given, nor any proof filed of the loss of the original.
Second,…
2Cases cited1 opinion
- Morrison v. LeedsSupreme Court of Louisiana · 1834