CHARLES X. MILLER, INC. v. OAK BUILDERS, INC.

No. 6589.

306 So.2d 449 (1975)

CHARLES X. MILLER, INC. v. OAK BUILDERS, INC.

Court of Appeal of Louisiana, Fourth Circuit.

January 14, 1975.


Attorney(s) appearing for the Case

Irwin R. Sanders, New Orleans, for plaintiff-appellee.

Driscoll & Ramos, Malvern F. Driscoll, New Orleans, for defendant-appellant.

Before LEMMON, STOULIG and MORIAL, JJ.


STOULIG, Judge.

Defendant, Oak Builders, Inc., a general contractor, has appealed a judgment condemning it to pay Charles X. Miller, Inc. $900 wrongfully withheld from the final payment due on a lathing, plastering and stucco subcontract. Appellant contends the trial judge erred by rejecting its defense of accord and satisfaction. We agree and reverse that part of the judgment favorable to plaintiff.

The subcontract price of $16,784 (plus $331 in extras) was...

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