CITY STORES CO. v. GERVAIS F. FAVROT CO., INC.

No. 6803.

315 So.2d 370 (1975)

CITY STORES COMPANY (MAISON BLANCHE DIVISION) v. GERVAIS F. FAVROT CO., INC.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied August 5, 1975.

Writ Refused October 17, 1975.


Attorney(s) appearing for the Case

Guste, Barnett & Colomb and William M. Barnett, New Orleans, for City Stores Co. (Maison Blanche Division), plaintiff-appellant.

Baldwin, Haspel, Molony, Rainold & Meyer, New Orleans, and Smith, Currie & Hancock, Atlanta, Ga., Robert R. Rainold and Conrad Meyer, IV, New Orleans, Bert R. Oastler, Atlanta Ga., of counsel, for Gervais F. Favrot Co., Inc., defendant-appellee.

Before LEMMON, GULOTTA and BOUTALL, JJ.


BOUTALL, Judge.

Plaintiff and defendant entered into a contract for the construction of a warehouse, etc., the contract price to be on a cost-plus basis with a maximum ceiling. The contractor encountered a number of expenses beyond what it considered was called for under the original contract between the parties and asked for arbitration of these items as provided in the contract. The owner thereupon filed this suit to enjoin the arbitration contending that the maximum...

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