NOLAN GUIDRY WELD. WKS., INC. v. J. P. VAN WAY ENG.-CON., INC.

No. 3049.

234 So.2d 525 (1970)

NOLAN GUIDRY WELDING WORKS, INC., Plaintiff-Appellee, v. J. P. VAN WAY ENGINEER-CONTRACTOR, INC., Defendant-Appellee-Appellant, Louis Castille, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 13, 1970.


Attorney(s) appearing for the Case

Ronald Louis Menville, and William E. Logan, Lafayette, for defendant-appellee-appellant.

Domengeaux, Wright & Bienvenu, by William P. Rutledge, Lafayette, for defendant-appellant-appellee.

Voorhies, Labbé, Fontenot, Leonard & McGlasson, by Patrick A. Juneau, Jr., Lafayette, for plaintiff-appellee.

Before FRUGÉ, HOOD and MILLER, JJ.


MILLER, Judge.

Plaintiff seeks $426.71 on open account. Both defendants appealed the trial court's judgment holding them liable in solido. Defendants admit that plaintiff is entitled to recover, but each contends that the debt is due by the other defendant. Alternatively, defendant Van Way seeks (for the first time on this appeal) indemnification from defendant Castille, and contends that this right may be asserted by third party demand instituted on appeal.

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