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SLAGLE-JOHNSON LUMBER CO. v. LANDIS CONST. CO.

No. 63701.

379 So.2d 479 (1979)

SLAGLE-JOHNSON LUMBER COMPANY, INC., Plaintiff-Appellant-Relator, v. LANDIS CONSTRUCTION COMPANY, INC. and Seaboard Surety Company, Defendants-Appellees-Respondents.

Supreme Court of Louisiana.

Dissenting Opinion June 27, 1979.

On Rehearing January 28, 1980.

Attorney(s) appearing for the Case

R. L. Davis, Jr., Theus, Grisham, Davis & Leigh, Monroe, for plaintiff-appellant-relator.

Wood T. Sparks, Thompson, Sparks, Cudd & Dean, Monroe, for defendants-appellees-respondents.

TATE, Justice.

The plaintiff lumber company seeks recovery from a general contractor (Landis) and its surety (Seaboard) for some twelve thousand dollars of lumber and nails used to construct wooden forms for pouring of concrete. The forms were used in the construction of a concrete football stadium for a state university, pursuant to a public contract between the state and the general contractor. The materials had been sold to a defaulting subcontractor.

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