Fayssoux v. Succession of Chaurand

The opinion of the Court was delivered by

Bermudez, C. J.

This is an action for the recovery of the cost of paving a street in front of property belonging to the succession of the deceased.

The suit is brought against the executor as the usufructuary, who calls in warranty the residuary legatees.

The plaintiff claims as contractor, under a contract with the city, entered into for the 'paving in question, ordered in furtherance, it is claimed, of authority derived under the provisions of Act 73 of 1876; p. 116. '

The defense is, that the- work was ordered in the absence of either any petition on…