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COX v. W. M. HEROMAN & CO., INC.

No. 54094.

298 So.2d 848 (1974)

Charles W. COX, Plaintiff-Appellee-Relator, v. W. M. HEROMAN & CO., INC., and American Employers Insurance Co., Defendants-Appellants-Respondents.

Supreme Court of Louisiana.

Rehearing Denied August 30, 1974.

Attorney(s) appearing for the Case

Robert P. Breazeale, Van R. Mayhall, Jr., Breazeale, Sachse & Wilson, Baton Rouge, for defendant-respondent.

R. Boatner Howell, Jr., Howell & Brown, Baton Rouge, for plaintiff-applicant.

TATE, Justice.

A subcontractor ("Cox") sues his general contractor ("Heroman") for the balance due on the subcontract. The general contractor claims a credit for a payment made directly by Heroman to a supplier ("Reulet") of the subcontractor. The trial court did not allow the credit, as not authorized by the subcontract. The court of appeal reversed the trial court's disallowance of the credit. 282 So.2d 734 (La.App. 1st Cir. 1973...

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