MID-CITY NURSERY, INC. v. PAPS FOOD CENTER, INC.

No. 4873.

258 So.2d 405 (1972)

MID-CITY NURSERY, INC. v. PAPS FOOD CENTER, INC.

Court of Appeal of Louisiana, Fourth Circuit.

February 23, 1972.


Attorney(s) appearing for the Case

Benjamin Washastrom, New Orleans, for plaintiff-appellant.

Shelby H. Moore, Jr., New Orleans, for defendant-appellee.

Before REDMANN, GULOTTA and BOUTALL, JJ.


REDMANN, Judge.

Plaintiff appeals from the rejection on the merits of its claim for a balance due under a contract for potted chrysanthemums.

Defendant's evidence supports the conclusion that the last delivery of flowers was rejected because the flowers were not yet in bloom and were therefore unsaleable for the traditional New Orleans chrysanthemum day, November 1st. Plaintiff's evidence would support a contradictory conclusion that defendant rejected the...

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