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MARTIN v. JAMES & CO.

No. 44085.

112 So.2d 86 (1958)

237 La. 633

Theodore H. MARTIN, Sr. v. T. L. JAMES & CO., Inc.

Supreme Court of Louisiana.

On Rehearing April 27, 1959.

Rehearing Denied June 1, 1959.

Attorney(s) appearing for the Case

D'Amico & Curet, Sam L. D'Amico, Baton Rouge, Samuel C. Cashio, Maringouin, for plaintiff, appellant and appellee.

Barham & Wright, Ruston, Breazeale, Sachse, Wilson & Hebert, Baton Rouge, for defendant and appellant and appellee.

HAWTHORNE, Justice.

Defendant T. L. James & Co., Inc., had two contracts with the Highway Department of the State of Louisiana for the construction of highways, one designated as the Donaldsonville-White Castle-Plaquemine job and the other the Patterson-Calumet-Berwick job. James entered into a contract with plaintiff Theodore H. Martin, Sr., doing business as Martin Gravel Company, for the purchase of red clay gravel, wash gravel, and wash sand to be used in...

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