Legal Opinion

Freyhan v. Berry

Supreme Court of Louisiana

Decided January 4, 1897No. 12,187PublishedCited by 7 opinions

APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. Statement of Case. Plaintiff alleged that he had entered into a contract with the defendant Berry to build several buildings for him for the sum of eighteen thousand two hundred and forty dollars, to be paid in seven instalments, payable as the work progressed; that the final instalment of twenty-six hundred and forty dollars was payable fifteen days after the completion of the buildings, and provided…

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APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. Statement of Case. Plaintiff alleged that he had entered into a contract with the defendant Berry to build several buildings for him for the sum of eighteen thousand two hundred and forty dollars, to be paid in seven instalments, payable as the work progressed; that the final instalment of twenty-six hundred and forty dollars was payable fifteen days after the completion of the buildings, and provided no liens should then have been recorded against the buildings; that Berry had erected the buildings; that petitioner…

1Opinion of the Court

The opinion of the court was delivered by

Nichobbs, O. J.

The allegations made in the last ground for dismissal are given color to from the non-appearance in any way in this court of counsel who are certainly not chargeable with ever leaving unguarded the actual interests of their clients. We have not been informed what appellant complains of, nor as against whom his complaints are directed. We would be inclined to affirm the judgment itself under such conditions, as judgments of the lower court are presumptively correct and we could not be expected to seek to discover and prove them otherwise.…

2Cited by7 opinions

  1. Perkins v. BuchlerSupreme Court of Louisiana · 1953
  2. Schwan v. PetermanSupreme Court of Louisiana · 1909
  3. Hill v. De Soto Parish School BoardSupreme Court of Louisiana · 1933
  4. Southern Athletic Club v. FosterLouisiana Court of Appeal · 1924
  5. VanDyke v. Ætna Life InsuranceSupreme Court of North Carolina · 1917

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