LEON McQUEEN LBR. CO., INC. v. BAER

No. 13523.

391 So.2d 1198 (1980)

LEON McQUEEN LUMBER COMPANY, INC. v. Michael S. BAER, Jr. et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied September 8, 1980.


Attorney(s) appearing for the Case

France W. Watts, III, Franklinton, and Ray M. Stewart, Picayune, Miss., for plaintiff.

Michael S. Baer, III, and Dan E. Melichar & John DiGiulio, of Gravel, Roy & Burns, Alexandria, for Michael S. Baer, Jr.

Joseph A. Perrault, Jr., of Foil, Perrault & Uter, and Arthur H. Andrews of Franklin, Moore & Walsh, Baton Rouge, for Bennett & Peters, Inc. and Foremost Insurance Co.

Before ELLIS, CHIASSON and PONDER, JJ.


CHIASSON, Judge.

This is a suit brought by Leon McQueen Lumber Company, Inc. (McQueen) for damages allegedly arising out of a breach of contract.

In May of 1973, Michael S. Baer, Jr. sold McQueen the timber he owned on certain property. This timber deed was not recorded. Thereafter, in January of 1974 Baer sold the property, on which the timber was located, to Crown Zellerbach Corporation without excepting the timber therefrom. Subsequently, Crown Zellerbach...

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