APEX SALES COMPANY v. ABRAHAM

No. 2726.

201 So.2d 184 (1967)

APEX SALES COMPANY, Inc. v. Wilson ABRAHAM, d/b/a Wilson Abraham Construction Company, American Mortgage Corporation, Aetna Casualty and Surety Company, Don Billings and Jack Farmer.

Court of Appeal of Louisiana, Fourth Circuit.

July 5, 1967.


Attorney(s) appearing for the Case

Landrieu, Calogero & Kronlage, Charles A. Kronlage, Jr., New Orleans, for plaintiff-appellee.

Seale, Smith & Baine, Edward C. Seghers, Baton Rouge, for defendants-appellants.

John R. Frenkel, New Orleans, for defendants-appellees.

Before McBRIDE, YARRUT and BARNETTE, JJ.


McBRIDE, Judge.

This suit by the furnisher of materials to a subcontractor was brought against the prime contractor, his surety and the subcontractor to whom the materials had been furnished, all in solido.

During 1963 defendant Abraham contracted in writing with the owner to erect the "Penthouse Apartments" in the 3900 block of St. Charles Avenue in New Orleans, furnishing a bond in accordance with R.S. 9:4802, as amended. In 1964 Abraham, as prime contractor...

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