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OIL TRANSPORT CO. v. WHITEMAN

No. 39157.

42 So.2d 758 (1949)

215 La. 1070

OIL TRANSPORT CO. v. WHITEMAN.

Supreme Court of Louisiana.

Rehearing Denied November 7, 1949.

Attorney(s) appearing for the Case

George B. Matthews, Charles Kohlmeyer, Jr., New Orleans, Kelleher, Hurley & Kohlmeyer, New Orleans, of counsel, for defendant and appellant.

Deutsch, Kerrigan & Stiles, New Orleans, Eberhard P. Deutsch, New Orleans, Rene H. Himel, Jr., New Orleans, of counsel), for appellee.

MOISE, Justice.

The plaintiff in this action is seeking to recover the amount paid by him for the damages sustained by the tug Maude Wilmot in an accident on April 28, 1947.

The record shows that on April 5, 1947, the plaintiff entered into a written agreement with the defendant to purchase the tug Maude Wilmot on or before April 15, 1947, for the price of $35,000, under the terms therein set forth. Immediate use of the tug on the confection of this agreement...

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