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BROOKS v. NEYREY

No. 1481.

167 So.2d 400 (1964)

Thomas H. BROOKS v. John R. NEYREY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 7, 1964.

Attorney(s) appearing for the Case

D. A. McGovern, III, New Orleans, and Richard A. Najolia, Chalmette, for plaintiff-appellee.

Henry G. Neyrey, Jr., Martin P. Kelly, Jr., and Solomon S. Goldman, New Orleans, for defendant-appellant.

Before SAMUEL and HALL, JJ., and CHRIS T. BARNETTE, J. Pro Tem.

HALL, Judge.

Plaintiff, alleging defendant's breach of contract, filed suit for the return of a $2,000.00 deposit plus an equal amount as a liquidated penalty plus a further sum of $654.07 as special damages. Following trial on the merits the District Judge rendered judgment in plaintiff's favor for $4,000.00 representing the amount of the deposit plus the penalty but denied the special damages. Defendant appealed. Plaintiff neither appealed nor answered the appeal...

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