BALL MARKETING ENTERPRISE v. RAINBOW TOMATO CO.

No. 5727.

340 So.2d 700 (1976)

BALL MARKETING ENTERPRISE, Plaintiff and Appellee, v. RAINBOW TOMATO COMPANY et al., Defendants and Appellants.

Court of Appeal of Louisiana, Third Circuit.

December 21, 1976.


Attorney(s) appearing for the Case

Edwards, Stefanski & Barousse by Homer E. Barousse, Jr., Crowley, for defendants-appellants.

Robert P. Brenham, Lafayette, for plaintiff-appellee.

Before CULPEPPER, WATSON and GUIDRY, JJ.


CULPEPPER, Judge.

This is a suit on an open account. Defendants are the debtor, Rainbow Tomato Company (Rainbow) and its alleged surety, Plant Industries, Inc. (Plant). The trial court rendered a judgment by default against both Rainbow and Plant declaring them liable to plaintiff "jointly and solidarity" for $11,069.78 due on the open account. Only the defendant Plant appealed.

The principal issue on appeal is whether a certain letter constitutes a continuing...

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