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HIRSCHEY v. BERNARD

No. 13638.

398 So.2d 1134 (1980)

Pete HIRSCHEY v. Sherman A. BERNARD.

Court of Appeal of Louisiana, First Circuit.

Writ Granted in part and Denied in part February 13, 1981.

Attorney(s) appearing for the Case

MacAllyn J. Achee, Baton Rouge, for plaintiff-appellee Pete Hirschey.

Samuel O. Buckley, River Ridge, for defendant-appellant Sherman A. Bernard.

Before LOTTINGER, EDWARDS and PONDER, JJ.

PONDER, Judge.

This is a suit in contract for costs of "extras" of a building contract. The trial court found for plaintiff and defendant appealed.

The issues are the validity of the exception of prematurity; sufficiency of the proof of the "extras"; and possibility of double recovery.

We amend and affirm.

Plaintiff, Pete Hirschey, was an assignee of a building contract between defendant, Sherman A. Bernard, and builder, Kenneth Hirschey. In...

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