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GIRON v. HOUSING AUTH. OF CITY OF OPELOUSAS

No. 80-C-1681.

393 So.2d 1267 (1981)

Ashton P. GIRON v. The HOUSING AUTHORITY OF the CITY OF OPELOUSAS.

Supreme Court of Louisiana.

January 26, 1981.

Attorney(s) appearing for the Case

Gerald H. Schiff, Sandoz, Sandoz & Schiff, Opelousas, for plaintiff-applicant.

Felix A. DeJean, III, Opelousas, for defendant-respondent.

DENNIS, Justice.

The principal issue in this case is whether a plaintiff who sues for specific enforcement of a contract by injunction thereby irrevocably elects his remedy and is prohibited from later amending his petition to sue for damages for breach of contract. The trial court permitted the plaintiff to amend his petition to pray for damages instead of an injunction and awarded him damages after a trial on the merits. The court of appeal reversed, holding that...

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