American Creosote Works, Inc. v. P. Olivier & Son, Inc.

The plaintiff is a subcontractor. The suit is against the owner and the contractor. It is upon an account for creosoted piles furnished by the plaintiff and used by the contractor in the execution of his contract. The owner filed exceptions of prematurity and no right or cause of action. From a judgment maintaining the exceptions and dismissing the suit, as to the owner, at the plaintiff’s cost, the plaintiff appealed.

The owner, the Lake Charles Harbor & Terminal District, was created by Act No. 67 of 1924. One of the lawful powers of the terminal district is to construct or contract for the…