American Creosote Works v. Boland MacHine & Mfg. Co.

FOURNET, Justice.

The plaintiff instituted this suit to recover the sum of $1,924.81, the price of certain creosoted fir pilings allegedly sold and delivered to the defendant, and the matter is now before us for a review of the judgment of the Court of Appeal for the Parish of Orleans affirming the judgment of the district court in favor of the plaintiff, as prayed for. (28 So.2d 342.)

On August 4, 1943, the plaintiff, the American Creosote Works, entered into a contract with the defendant, Boland Machine & Manufacturing Company, a co-partnership. This contract is incorporated in one of the…