GUIDRY v. KREWES DEN, INC.

No. 6856.

313 So.2d 910 (1975)

Clayton J. GUIDRY, d/b/a Electronic Protective Devices Company v. KREWES DEN, INC.

Court of Appeal of Louisiana, Fourth Circuit.

June 11, 1975.


Attorney(s) appearing for the Case

Michael E. Soileau, New Orleans, for plaintiff-appellant.

Frans J. Labranche, Jr., Connolly & Labranche, New Orleans, for defendant-appellee.

Before REDMANN, SCHOTT and MORIAL, JJ.


REDMANN, Judge.

In dismissing both petition for liquidated damages and reconvention for breach of contract, the trial court presumably accepted defendant's evidence that plaintiff's burglar-protection services became so inadequate that defendant suffered the damage of having to station an employee in the building to protect it. This evidence justified both refusal of liquidated damages and—on a theory of extinction by judicial compensation by defendant's damage...

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