PIERCE v. LUKER

No. 3926.

237 So.2d 727 (1970)

Comer C. PIERCE and Comer C. Pierce, Jr. v. Otis W. LUKER, Jr. and Terry J. Lenz, d/b/a Dynamic Industries Inc. and Otis W. Luker, Jr., Individually.

Court of Appeal of Louisiana, Fourth Circuit.

July 6, 1970.


Attorney(s) appearing for the Case

Christovich & Kearney, Lawrence J. Ernst, New Orleans, for plaintiffs-appellants.

Henican, James & Cleveland, C. Ellis Henican, New Orleans, for defendants-appellees.

Before SAMUEL, CHASEZ and REDMANN, JJ.


REDMANN, Judge.

Plaintiffs filed a petition reciting they had entered into a contract with Otis W. Luker, Jr. and Terry J. Levy "doing business as Dynamic Industries, Inc." The petition alleged that, although the contract recited that $10,000 was paid to plaintiffs on its execution, in fact only $3,000 was then paid, defendant having obtained a brief extension of time to pay the remaining $7,000; that neither that $7,000 nor an additional $15,000 obligation under...

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