SCHAFF BROS., INC. v. AMERICAN FIDELITY FIRE INS. CO.

No. 10645.

376 So.2d 172 (1979)

SCHAFF BROTHERS, INC. v. AMERICAN FIDELITY FIRE INSURANCE COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

October 4, 1979.


Attorney(s) appearing for the Case

Roger I. Dallam, Greenberg & Dallam, Gretna, for plaintiff.

H. Bruce Shreves, Lloyd N. Shields, Brian, Simon, Peragine, Smith & Redfearn, New Orleans, for defendant.

Before REDMANN, LEMMON and BOUTALL, JJ.


REDMANN, Judge.

In this suit against a surety for the $7,000 balance of a $55,000 subcontract price, on plaintiff's moving for summary judgment a defense affidavit by the general contractor's supervisor asserted four items of nonperformance of the contract: nondelivery of the manufacturer's specifications and instructions for the heating and air conditioning equipment, nondelivery of equipment warranties, constant leaking...

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