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WHITENER v. CLARK

No. 13481.

356 So.2d 1094 (1978)

Betty WHITENER, Plaintiff-Appellee, v. Durwood CLARK et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied April 4, 1978.

Writs Refused May 12, 1978.

Attorney(s) appearing for the Case

John S. C. Massey, West Monroe, for defendants-appellants.

McKinley, Bruscato & Loomis by Albert E. Loomis, III, Monroe, for plaintiff-appellee.

Before BOLIN, PRICE and MARVIN, JJ.

MARVIN, Judge.

This case is a sequel to Clark v. Whitener, 296 So.2d 393 (La.App. 2d Cir. 1974), where we affirmed a judgment in favor of the contractor against the homeowner for retainage due on a residential building contract. There we found substantial compliance with the contract, but reserved to the homeowner her right to claim damages in a separate action against the contractor for his alleged unworkmanlike performance...

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