WILLIAMS v. FISHER

No. 3970.

79 So.2d 127 (1955)

Sidney B. WILLIAMS, Plaintiff-Appellee, v. Harry FISHER, Jr., Defendant-Appellant.

Court of Appeal of Louisiana, First Circuit.

March 25, 1955.


Attorney(s) appearing for the Case

Henry A. Mentz, Jr., Hammond, for appellant.

W. S. Rownd, Hammond, for appellee.


TATE, Judge.

This is a suit for the balance allegedly due for labor and painting material supplied by plaintiff contractor to defendant home owner. Defendant appeals from judgment against him in the amount of $320.70, interest, and costs, on grounds that:

(1) The trial court erred in excluding defendant's offered evidence of plaintiff's nonperformance of the work sued for, said court holding that nonperformance was a special defense which should have been...

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