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FORTIER v. SESSUM

No. 83-CA-397.

441 So.2d 1238 (1983)

Frank J. FORTIER, III v. Thomas SESSUM.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied December 19, 1983.

Attorney(s) appearing for the Case

Stassi & Rausch, Lucas J. Giordano, New Orleans, for Frank J. Fortier, III, plaintiff, defendant-in-reconvention, third-party plaintiff-appellant.

Schaff & Currier, John M. Currier, New Orleans, for Thomas Sessum, defendant, plaintiff-in-reconvention appellee.

Satterlee, Mestayer & Freeman, Henry F. Mestayer, and O'Keefe, O'Keefe & Berrigan, Wayne T. McGaw, New Orleans, for Dixie Bldg. Material Co., Inc., third-party defendant-appellee.

Before BOUTALL, CHEHARDY and GAUDIN, JJ.

CHEHARDY, Judge.

Plaintiff, Frank J. Fortier, III, filed this suit against defendant, Thomas Sessum, for $2,604.59, the amount allegedly due under an oral agreement for concrete work performed at defendant's home, and $86 to file a workmen's lien.

Defendant answered claiming the bill was unpaid because it exceeded the price agreed upon, and the work was performed in a careless and negligent manner. He reconvened for $23,600 in damages.

Plaintiff then...

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