Wells v. City of Baton Rouge

LOTTINGER, Judge.

This is an action styled “Petition for Return of Deposit,” but in truth and in fact it is an action ex contractu. The action involves a contract executed in 1946 between the City of Baton Rouge and Belfair Homes, Inc. Plaintiff, Chester D. Wells, purchased the contractual rights of Belfair Homes, Inc., at a sheriff’s sale in 1954 and sued to enforce the contract. From judgment of the trial court in favor of plaintiff, defendant has appealed.

FACTS

The following facts were stipulated at trial:

“1.

“In October of 1947, Belfair Homes, Inc., deposited a total of $79,419.31 with the…