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MADDEN CONTRACTING COMPANY v. SAWYER DOWNS, INC.

No. 11378.

232 So.2d 784 (1970)

MADDEN CONTRACTING COMPANY, Plaintiff-Appellant, v. SAWYER DOWNS, INC., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

March 3, 1970.

Attorney(s) appearing for the Case

Campbell, Campbell, Marvin & Johnson, by John T. Campbell, Minden, for plaintiff-appellant.

Shuey, Smith & Carlton, by John M. Shuey, Shreveport, for defendant-appellee.

Before AYRES, DIXON and PRICE, JJ.

AYRES, Judge.

This is an action upon an open account wherein plaintiff seeks to recover of the defendant the sum of $3012.70, the rental value of machinery supplied with operators and the price of materials used in the construction of improvements of Sawyer Downs in Bossier Parish, Louisiana.

The defense, urged in a plea of prematurity, is that payment of this account was contingent and conditioned upon defendant's obtaining adequate financing to complete...

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