Mears v. Midco Louisiana Co.

SAVOIE, Judge.

Originally, Herbert G. Mears sued Midco Louisiana Company (Midco) for damages resulting in Midco’s delay in repairing Mears’ dozer. In response thereto, Midco *594filed a separate suit against Mears, d/b/a Mears Sand & Gravel, on open account, representing the cost of the repairs made to the dozer.1 These two suits were consolidated for trial.

With respect to the first suit, the trial court awarded Mears $2,000.00 in damages for Midco’s inordinately long delay in repairing the dozer. As to the latter suit, the trial court determined the cost of the overhaul to be $8,000.00 and…