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ED BULLIARD CO., INC. v. FORETICH-ZIMMER CONST. CO.

No. 83-546.

451 So.2d 29 (1984)

ED BULLIARD CO., INC., Plaintiff-Appellee, v. FORETICH-ZIMMER CONSTRUCTION CO., INC., Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 16, 1984.

Writ Denied September 14, 1984.

Attorney(s) appearing for the Case

Aycock, Horne, Caldwell, Coelan & Duncan, David H. Stiel, III, Franklin, for defendant-appellant.

McBride & Foret, Robert R. McBride, Lafayette, for plaintiff-appellee.

Before DOMENGEAUX, STOKER and DOUCET, JJ.

DOUCET, Judge.

Plaintiff, Ed Bulliard Co., Inc., brought suit on a construction contract dated December 18, 1980, against Foretich-Zimmer Construction Co., seeking $22,789.00 plus interest and costs. Defendant answered the petition alleging the contract was mutually rescinded on April 29, 1981 by oral agreement between the parties. The trial court rendered judgment in favor of plaintiff in the sum of $9,000.00. Defendant appeals. We affirm.

Defendant had been...

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