AHTEN v. CITIZENS HOMESTEAD ASSOCIATION

No. 1385.

163 So.2d 403 (1964)

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

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 4, 1964.

Writ Refused June 26, 1964.


Attorney(s) appearing for the Case

Curtis, Foster, Dillon & Huppenbauer, Henry B. Curtis and Albert J. Huddleston, New Orleans, for plaintiffs-appellants.

Christovich & Kearney, W. K. Christovich, New Orleans, for appellee The Fidelity & Casualty Co. of New York.

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

Chaffe, McCall, Phillips, Burke, Toler & Hopkins and Ellis & Hardie, Leon Sarpy and B. Lloyd Magruder, New Orleans, for defendant-appellee Citizens Homestead Ass'n.

Before SAMUEL, HALL and TURNER, JJ.


HENRY F. TURNER, Judge pro tem.

This case presents a suit on a "building contract". The plaintiffs, Herbert Ahten, Sr., and his wife, Lillian Piton contracted with New Orleans Construction Company, Inc., to have certain repairs and remodeling done on their home at 2700 Palmer Avenue in New Orleans. The Fidelity and Casualty Company of New York signed the contract as surety for the construction company. Citizens Homestead Association, defendant in the principal demand...

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