Mente & Co. v. Kaplan
Supreme Court of Louisiana
Appeal from Eighteenth Judicial District Court, Parish of Acadia; William Campbell, Judge. Action by Mente & Co. against Abram Kap-lan. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtO’Niell, J.
Mente & Co. sued Abram Kap-lan for $8,750, the invoice price of 100,000 rice sacks alleged to have been sold and delivered to him at $87.50 per M, less $1,000 paid on account and less $45.10 credited for a bale of sacks that he had returned.
In answer to the suit Kaplan acknowledged having bought the sacks, but alleged that there was a shortage in the number and weight of sacks delivered, and that Mente & Co. had violated the contract in other respects. Kaplan therefore set up a reconven-tional demand for damages exceeding plaintiff’s demand by $918, and prayed for judgment accordingly.
Judgment…
2Cited by2 opinions
- Claverie v. LorenzLouisiana Court of Appeal · 1925
- Metcalf v. BarbierLouisiana Court of Appeal · 1921