Stelly Construction, Inc. v. Richard

SWIFT, Judge.

Daniel Richard, defendant-appellant, had an agricultural lease on the south half of Section 23, T-6-S, R-5-E, in St. Landry Parish. He orally contracted with Stelly Construction, Inc. (Stelly), plaintiff-appel-lee, to clear the land, agreeing to pay the latter $155.00 per acre, plus an extra $10.00 per acre on part of the acreage which was more difficult to clear due to logging operations conducted thereon by Louisiana Southern Forest Products, Inc. (Louisiana Southern) to remove the merchantable timber.

While engaged in their respective operations, Louisiana Southern cut timber…