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DAVIS v. TILLMAN

No. 13838.

370 So.2d 1323 (1979)

Marjorie Fry DAVIS, Plaintiff-Appellant, v. John F. TILLMAN, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

May 1, 1979.

Attorney(s) appearing for the Case

LeRoy Smith, Jr., Tallulah, for plaintiff-appellant.

Thompson L. Clarke, St. Joseph, for defendant-appellee.

Before PRICE, HALL and MARVIN, JJ.

PRICE, Judge.

This appeal was taken by the plaintiff-landowner from the judgment of the trial court holding that the defendant-contractor was not liable in damages for his failure to complete a land clearing contract because of excessive rainfall.1

The factual background giving rise to this litigation is summarized by the trial judge in his reasons for judgment as follows:

Marjorie Fry Davis, owner of considerable woodland...

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