MIDWAY TESTING CO., INC. v. WOLFF

No. 13382.

353 So.2d 1053 (1977)

MIDWAY TESTING COMPANY, INC., Plaintiff-Appellant, v. Jerry H. WOLFF, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied January 16, 1978.

Writ Refused March 17, 1978.


Attorney(s) appearing for the Case

Johnson & Johnson by Don H. Johnson, Monroe, for plaintiff-appellant.

Blackwell, Chambliss, Hobbs & Henry by James A. Hobbs, West Monroe, for defendant-appellee.

Before BOLIN, PRICE and MARVIN, JJ.


En Banc. Rehearing Denied January 16, 1978.

MARVIN, Judge.

Plaintiff Midway appeals from the rejection of its demands against Wolff on a $12,000 promissory note. We affirm.

Midway contends the defense of payment was improperly upheld. While the burden of proving payment is on the defendant, the resolution of this case depends upon the manner in which the litigants agreed the note was to be satisfied.

Wolff was a creditor of Midway's sub-contractor...

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