RATHBORNE LUMBER & SUPPLY CO. v. FALGOUT

No. 40645.

62 So.2d 507 (1952)

222 La. 345

RATHBORNE LUMBER & SUPPLY CO., Inc. v. FALGOUT et al.

Supreme Court of Louisiana.

December 15, 1952.


Attorney(s) appearing for the Case

A. S. Cain, Jr., New Orleans, for defendant-appellant.

Dart, Guidry & Price and Taylor Caffery, New Orleans, and John E. Fleury, Gretna, for appellees.


HAMITER, Justice.

Pursuant to an unrecorded, written contract, Linus J. Falgout, a building contractor residing in Jefferson Parish, constructed a dwelling house for Edward Pelas on his land in Plaquemines Parish of which he is a resident.

On September 9, 1947 Rathborne Lumber & Supply Co., Inc., which had sold and furnished to the contractor building materials that were used in connection with the contract, recorded in the mortgage records of Plaquemines...

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