DWYER LUMBER CO. v. MURPHY LUMBER AND SUPPLY CO.

No. 43696.

112 So.2d 435 (1959)

237 La. 756

DWYER LUMBER COMPANY, Inc. v. MURPHY LUMBER AND SUPPLY COMPANY, Inc.

Supreme Court of Louisiana.

June 1, 1959.


Attorney(s) appearing for the Case

Seale, Hayes, Smith & Keogh, Baton Rouge, for defendant-appellant.

Walton J. Barnes, Baton Rouge, for plaintiff-appellee.


HAMITER, Justice.

Dwyer Lumber Company, Inc. instituted this suit to recover from Murphy Lumber and Supply Company, Inc. the sum of $3,353.87, this being the alleged balance due for certain lumber sold and delivered. Answering, the defendant first generally denied the allegations of the petition and asked that plaintiff's demands be rejected. But in a supplemental answer it prayed alternatively that it "be allowed a diminution...

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