HERMAN J. DOWNEY, ETC. v. LA. OIL & REF. CO.

No. 11230.

344 So.2d 421 (1977)

HERMAN J. DOWNEY & SONS, INC. v. LOUISIANA OIL & REFINING COMPANY et al.

Court of Appeal of Louisiana, First Circuit.

March 21, 1977.


Attorney(s) appearing for the Case

Harvey H. Posner and Felix Weill, Baton Rouge, of counsel for plaintiff-appellee Herman J. Downey and Sons, Inc.

William G. Whatley, Baton Rouge, of counsel for defendants-appellants Louisiana Oil & Refining Co., et al.

Before ELLIS, CHIASSON and PONDER, JJ.


PONDER, Judge.

Plaintiff sued defendant on a $15,000.00 promissory note given in compromise settlement of a claim for defective merchandise. Defendants alleged a failure of consideration, and reconvened for $10,000.00 already paid plaintiff. Defendants appealed from the judgment in favor of the plaintiff for the full amount of the note.

Defendants contend the trial court erred in refusing to admit evidence of a failure of consideration and of a collateral...

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