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CHARLES ORLANDO & SONS v. J. B. TALLEY & CO.

No. 1280.

162 So.2d 142 (1964)

CHARLES ORLANDO & SONS v. J. B. TALLEY & CO. et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 6, 1964.

Writ Refused May 27, 1964.

Attorney(s) appearing for the Case

Leon C. Vial, III, Hahnville, Occhipinti, Hennessey, Occhipinti & Casano, A. R. Occhipinti, New Orleans, for plaintiff-appellee.

Willis & Willis, Earl H. Willis, St. Martinsville, for defendants-appellants.

Before SAMUEL, HALL and TURNER, JJ.

HENRY F. TURNER, Judge pro tem.

Plaintiff, a partnership composed of Frank, Vincent and Charles Orlando, brought this suit for $11,576.74 alleged to be due under a contract under which it had agreed to furnish and deliver sand to defendant on a state project at Bayou des Allemands, in Lafourche and St. Charles Parishes. The contract, dated December 5, 1960, provides in the pertinent clause:

"Seller agrees to sell...

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