FLOOR-N-WALL DISTRIBUTORS, INC. v. CHARTRES COMPANY

No. 718.

144 So.2d 129 (1962)

FLOOR-N-WALL DISTRIBUTORS, INC. v. CHARTRES COMPANY, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

September 4, 1962.


Attorney(s) appearing for the Case

Lemle & Kelleher, Shirley C. Friend, Jr., and Albert H. Hanemann, Jr., New Orleans, for defendant-appellant.

S. Sanford Levy, New Orleans, for plaintiff-appellee.

Before AYRES, DAWKINS, and ALLEN, JJ.


AYRES, Judge.

This is an action upon an alleged contract of sale wherein plaintiff seeks to recover judgment of the defendant for the alleged price of certain described and itemized merchandise. From a judgment in plaintiff's favor, defendant appealed.

The matter presented for resolution concerns a question as to whether the defense urged is such an affirmative defense that it must be specially pleaded. The defense is a denial of the existence of a contract...

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