CARGILL, INCORPORATED
v.
The CEMENTATION COMPANY OF AMERICA, INC., et al.
Court of Appeal of Louisiana, First Circuit.https://leagle.com/images/logo.png
June 29, 1981.
Writs Denied September 28, 1981.
Attorney(s) appearing for the Case
H. Lee Leonard, Voorhies & Labbé, Lafayette, for plaintiff.
Thomas J. Wyllie, Adams & Reese, New Orleans, for Commerce & Industry Ins. Co. of Canada, defendant and third-party plaintiffs.
Patrick A. Juneau, Voorhies & Labbé, Lafayette, for Hartford Ins. Co., Hartford Acc. & Indem. Co., Twin City Fire Ins. Co. and New York Underwriters Co., defendants.
J. Winston Fontenot, Fontenot, Andrus & Preis, Lafayette, for G. Waycraft Milton, Ind. and as representative of Lloyds of London, defendant and George Milton, third-party plaintiff.
Gerald M. Dillon, Dillon, Cambre & Marshall, New Orleans, for Midland Ins. Co., defendant.
P. A. Bienvenu, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, and John E. Conery, Conery & Breaux, Franklin, for Cementation Co. of America, Inc., Roy Ins. Co. and Canadian Indem. Co., defendants.
Dermot McGlinchey, McGlinchey, Stafford, Mintz & Hoffman, New Orleans, for Gerling Global Gen. Ins. Co., defendant and third-party plaintiff.
Ellen J. Kerschner, Peterson, Rose Schloerb & Seidel, Chicago, Ill., for third-party plaintiff, George Waycraft Milton Co.
Before LOTTINGER, EDWARDS and PONDER, JJ.
Court of Appeal of Louisiana, First Circuit.
PONDER, Judge.
Plaintiff appealed from a partial summary judgment dismissing plaintiff's claim for lost profits.
The sole issue is the effect of a contractual provision.
We reverse and remand.
Plaintiff, operator of a salt mine, contracted with defendant, The Cementation Company of America (Cementation), for the construction of a salt mine shaft. The contract contained the following clause:
"14. If within one (1) year after acceptance...
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