SMITH v. BERNER'S APPLIANCE SERVICE

No. 797.

144 So.2d 139 (1962)

Arthur J. SMITH, Sr. v. BERNER'S APPLIANCE SERVICE, a commercial partnership, and its Individual and sole partners, August J. Berner and Frederick W. Berner.

Court of Appeal of Louisiana, Fourth Circuit.

September 4, 1962.


Attorney(s) appearing for the Case

D. A. McGovern, III, New Orleans, for plaintiff-appellant.

Charles L. Rivet, New Orleans, for defendant-appellee.

Before YARRUT, MARTINEZ and RICHARDSON, JJ.


YARRUT, Judge.

This appeal is by Plaintiff from a judgment in favor of Defendant, dismissing Plaintiff's suit, with costs.

Plaintiff and Defendant entered into a written contract, in which Defendant agreed to install in Plaintiff's home a central air conditioning unit, which specifically provided the number of outlets, the duct, insulation, and the thermostat, for the price of $1587.00. The contract contained a provision that, "Unit will be placed on a 4-inch...

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