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SUCCESSION OF SPINKS v. SMOTHERS

No. 11007.

341 So.2d 1201 (1976)

SUCCESSION of George H. SPINKS v. Tommie SMOTHERS.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied February 14, 1977.

Writ Refused March 25, 1977.

Attorney(s) appearing for the Case

Clint Adcock, of Hebert & Moss, Baton Rouge, for plaintiff-appellant.

Paul G. Borron III, Borron & Delahaye, Plaquemine, for defendant-appellee.

Before LANDRY, C. J., and COLE and CLAIBORNE, JJ.

COLE, Judge.

Andrew L. Spinks, as administrator for the Succession of George H. Spinks, filed suit against Tommie Smothers for the alleged nonpayment of the purchase price of a motor vehicle. The plaintiff-appellant appeals from a judgment of the trial court maintaining the defendant's exception of "no cause or right of action."

Appellant's petition sets forth the following facts: George Spinks purchased a motor vehicle in 1973 for which he borrowed part of...

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