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MONTALBANO v. BERNER'S INC.

No. 9626.

365 So.2d 923 (1978)

Mr. and Mrs. Vincent J. MONTALBANO v. BERNER'S, INC.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 16, 1979.

Attorney(s) appearing for the Case

Mmahat, Gagliano, Duffy & Giordano, Nicholas J. Gagliano, Metairie, for plaintiffs-appellees.

Satterlee, Mestayer & Freeman, A. D. Freeman, Charlotte A. Hayes, New Orleans, for defendant-appellant.

Before STOULIG, BOUTALL and BEER, JJ.

STOULIG, Judge.

Defendant, Berner's, Inc., has appealed a judgment ordering it to replace a 2½-ton-capacity condenser in an air-conditioning system with one with a 3-ton capacity. Plaintiffs, Mr. and Mrs. Vincent J. Montalbano, answered this appeal, requesting this court to award the attorney fees they expended to bring this suit on a contract.

On March 25, 1970, plaintiff entered into a written contract with...

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