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REAL ESTATE DEVELOPMENT & INVEST. v. D'ANTONI

No. CA 2491.

466 So.2d 701 (1985)

REAL ESTATE DEVELOPMENT AND INVESTMENT COMPANY, INC. v. Patrick S. D'ANTONI, Executor of the Succession of Joseph S. D'Antoni, M.D.

Court of Appeal of Louisiana, Fourth Circuit.

March 12, 1985.

Attorney(s) appearing for the Case

Margaret H. Kern, Pierson & Buras, Covington, for plaintiff-appellant.

C. Ellis Henican, Henican, James & Cleveland, New Orleans, for defendant-appellee.

Before GULOTTA, SCHOTT and KLEES, JJ.

SCHOTT, Judge.

This is a suit by plaintiff as operator of Erwin Realty, Inc., a real estate broker, for a commission on the sale of property known as "Wild Wings" by Dr. Joseph S. D'Antoni to Lee Matherne in February, 1974 for $620,000. Defendant is the executor of D'Antoni's succession. In response to the petition defendant filed a peremptory exception of res judicata on the basis of a receipt and release agreement executed by plaintiff in September, 1973. From a...

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