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SUNDBERY'S, INC. v. PRICE

No. 4929.

117 So.2d 328 (1959)

SUNDBERY'S, INC., Plaintiff-Appellee, v. Lloyd PRICE, Defendant-Appellant (Delta Investment Corporation, Third-Party Defendant-Appellee).

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied February 1, 1960.

Attorney(s) appearing for the Case

Elton A. Darsey, Houma, for appellant.

Claude B. Duval, Baron B. Bourg, Richard E. Talbot, Houma, for plaintiff.

Gravel, Humphries, Sheffield & Mansour, Alexandria, for third-party defendant.

Before ELLIS, LOTTINGER and TATE, JJ.

TATE, Judge.

This is an action by the furnisher thereof to recover for materials used in remodeling defendant Price's home. The work had been performed and the materials purchased from the plaintiff by a contractor, the Monarch Specialty Corporation, which subsequently failed to pay for them. Since no contract and bond had been recorded by Price, the plaintiff as furnisher of the materials impleaded him, the owner, as defendant as well as the contractor, having previously...

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