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VATH v. GAY

No. 40886.

77 So.2d 519 (1955)

226 La. 873

Lawrence C. VATH, d/b/a City Appliances, v. Charles A. GAY.

Supreme Court of Louisiana.

January 10, 1955.

Attorney(s) appearing for the Case

James J. Morrison, New Orleans (Rudolph R. Schoemann, New Orleans, of counsel), for plaintiff-appellant.

McGiehan & Bagot, New Orleans (Morris B. Phillips, New Orleans, of counsel), for defendant-appellee.

PONDER, Justice.

Lawrence C. Vath, the plaintiff, brought suit against Charles A. Gay, his employee, seeking to recover $2,996.25 alleged to have been received by the defendant employee during the course of his employment in excess of the amount of compensation due him. The defendant reconvened alleging that he is due $1,752.38 under an oral contract of employment. On trial the lower court dismissed the plaintiff's suit and dismissed the reconventional demand. The...

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