AHTEN v. CITIZENS HOMESTEAD ASSOCIATION

No. 691.

144 So.2d 660 (1962)

Mrs. Lillian Mary PITON, Wife of and Herbert J. AHTEN, Sr. v. CITIZENS HOMESTEAD ASSOCIATION.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 4, 1962.

Certiorari Denied November 13, 1962.


Attorney(s) appearing for the Case

Curtis, Foster, Dillon & Huppenbauer, Albert J. Huddleston, New Orleans, for plaintiff-appellee.

Christovich & Kearney, W. K. Christovich, New Orleans, for The Fidelity and Cas. Co. of N. Y., appellee.

Daniel L. Kirschenheuter, Jr., New Orleans, for New Orleans Construction Co., Inc., appellee.

Chaffe, McCall, Phillips, Burke, Toler & Hopkins, Leon Sarpy; B. Lloyd Magruder and Ellis & Hardie, Edward B. Ellis and Patrick C. Hardie, New Orleans, for defendant-appellant.

Before REGAN, YARRUT and HALL, JJ.


LUTHER E. HALL, Judge pro tem.

Plaintiffs entered into a building contract for improvements to their home with New Orleans Construction Company, as contractor, the Fidelity and Casualty Company of New York as surety, and defendant Citizens Homestead Association as lending agency.

Long before the filing of this suit, plaintiffs sued the contractor and surety, alleging the contractor had defaulted and the contractor sued the plaintiffs for the contract price...

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