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COOK v. O'PRY

No. 83-633.

448 So.2d 891 (1984)

Ralph COOK d/b/a Florien Lumber Company, Plaintiff-Appellee, v. Joseph M. O'PRY, et ux., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

April 11, 1984.

Attorney(s) appearing for the Case

Dean, Lomenick & Seemann, Pat F. Willis, Jr., Opelousas, for defendant-appellant.

Kenneth N. Simmons, Many, for plaintiff-appellee.

Before GUIDRY, FORET and CULPEPPER, JJ.

FORET, Judge.

In this action on open account, the defendant, Joseph M. O'Pry, appeals a judgment in favor of plaintiff, Ralph Cook d/b/a Florien Lumber Company, for $5,086.38, with interest, costs, and attorney's fees of 25%. We amend and affirm as amended.

The issues on appeal are:

1. Whether the trial court erred in allowing into evidence an invoice which was outside the scope of plaintiff's pleadings; and 2. Whether the trial court erred...

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