Miller v. Brigot
Supreme Court of Louisiana
APPEAL FROM TIIE COURT OF THE FIRST JUDICIAL DISTRICT. This suit is instituted against N. Brigot, the proprietor, and J. M. Fernandez, the undertaker of three brick buildings for tbe former, to render the proprietor liable for a draft of six hundred dollars, which the undertaker drew on him, in favor of the plaintiff for materials furnished, payable when the buildings were completed, or out of the last instalment, which was protested for non-payment.
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APPEAL FROM TIIE COURT OF THE FIRST JUDICIAL DISTRICT. This suit is instituted against N. Brigot, the proprietor, and J. M. Fernandez, the undertaker of three brick buildings for tbe former, to render the proprietor liable for a draft of six hundred dollars, which the undertaker drew on him, in favor of the plaintiff for materials furnished, payable when the buildings were completed, or out of the last instalment, which was protested for non-payment. The defendant pleaded a general denial. The evidence showed that Brigot, the proprietor, made the last payment and received the buildings and an…
1Opinion of the CourtMathews, J.
This is a suit brought by the furnishér of materials to a builder who undertook to erect certain houses for'the defendant, in which the price or value of the materials furnished is claimed directly from the latter. The cause was submitted to a jury, a verdict was found for the defendant, and the plaintiff appealed from a judgment rendered in pursuance of the verdict.
The person materials to the noaction^gainst building? °vhen he suffers the cording0 to3" his th?Ufoimer,Whe- No debtor is bound to pay a debt by portions, and no partial made°by"^crebinding* ? debtor, _ even when notice given,…
2Cited by9 opinions
- Cox v. WM Heroman & Co., Inc.Supreme Court of Louisiana · 1974
- Salter v. WalsworthLouisiana Court of Appeal · 1936
- Interstate Trust & Banking Co. v. YoungSupreme Court of Louisiana · 1914
- Marmol v. WrightLouisiana Court of Appeal · 1953
- Stein v. Williams Lumber Co.Louisiana Court of Appeal · 1948
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