HUGHES v. PENDERGRAFT

No. CA 1754.

454 So.2d 380 (1984)

Phyllis Devun, Wife of/and Richard HUGHES v. Rita Erny, Wife of/and Marion F. PENDERGRAFT, Jr., d/b/a Pender-Craft Construction.

Court of Appeal of Louisiana, Fourth Circuit.

July 31, 1984.


Attorney(s) appearing for the Case

Robert A. Mathis, Newman, Drolla, Mathis, Brady & Wakefield, New Orleans, for Story Development Corp.

Matt J. Farley, Deutsch, Kerrigan & Stiles, New Orleans, for Continental Ins. Co.

Before REDMANN, C.J., and GARRISON and BARRY, JJ.


GARRISON, Judge.

This is an appeal from a judgment of the district court dated December 2, 1983, granting Continental Insurance Company's exception of no cause of action. From that judgment, which we reverse Story Development Corporation appeals.

Continental issued a performance bond in favor of the mortgage lender, St. Bernard Bank & Trust and Story Development Company. Continental bound itself as surety for C&C Construction Company pursuant to an...

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