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S. E. HORNSBY, ETC. v. CHECKMATE READY MIX CONCRETE, INC.

No. 7767.

390 So.2d 213 (1980)

S. E. HORNSBY & SONS SAND & GRAVEL COMPANY, INC., Plaintiff-Appellant, v. CHECKMATE READY MIX CONCRETE, INC., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 1, 1980.

Attorney(s) appearing for the Case

W. Hugh Sibley and William M. Quin, Kentwood, for plaintiff-defendant in reconvention appellant.

Cline, Miller, Richard & Miller, Rayne Barry J. Heinen, Rayne, for defendant-plaintiff in reconvention appellee.

Before FORET, STOKER, and LABORDE, JJ.

STOKER, Judge.

This litigation began as a suit on an open account brought by S. E. Hornsby & Sons Sand & Gravel Company, Inc., (Hornsby) against Checkmate Ready Mix Concrete, Inc., (Checkmate). The total demand consisted of several increments totaling $13,187.09. The defendant answered admitting plaintiff sold it sand and gravel but generally denying all other allegations. Checkmate coupled its answer with a reconventional demand for damages based on allegations...

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