T. E. Mixon Lumber Co. v. Boutte

FRUGÉ, Judge.

Plaintiff lumber company sued Boutte, a building contractor, in the district court for the price of lumber and materials sold to defendant in 1961. The defendant filed a plea of prescription of three years which was upheld by the trial court, and plaintiff has appealed. The facts in this case were the subject of earlier litigation before this court.

Boutte, a building contractor, owed Mixon Lumber Company $1,066.92 for lumber and materials sold to Boutte on open account and used by him on the Eugene Migucz house in Pesson Subdivision in *166New Iberia. While this debt remained unpaid,…