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WHITTEN v. VERNON SAYERS DOZER CONTRACTOR, INC.

No. 12280.

293 So.2d 915 (1974)

Huey L. WHITTEN, Plaintiff-Appellant, v. VERNON SAYERS DOZER CONTRACTOR, INC., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

April 23, 1974.

Attorney(s) appearing for the Case

Hal V. Lyons, Shreveport, for plaintiff-appellant.

Colvin, Hunter & Brown by D. Scott Brown, Mansfield, for Vernon Sayers Dozer Contractor, Inc., and St. Paul Fire & Marine Ins. Co., defendants-appellees.

Before AYRES, HALL and WILLIAMS, JJ.

AYRES, Judge.

On an action in quantum meruit, plaintiff sought to recover from the defendant Vernon Sayers Dozer Contractor, Inc., and its surety, on a contractor's bond, the value of a quantity of sand-clay-gravel road-base material, the rental value of a roller-type road-surface packing machine, and the value of a battery allegedly removed from the machine by the defendant-contractor.

The defendant was content with a mere denial of plaintiff's allegations...

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