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VIATOR v. BISHOP

No. CA-4886.

488 So.2d 1228 (1986)

Dwight VIATOR v. W.P. "Buster" BISHOP.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 18, 1986.

Attorney(s) appearing for the Case

Brady M. Fitzsimmons, Maurice Le Gardeur, Le Gardeur & Fitzsimmons, Ltd., Covington, for plaintiff-appellee Dwight Viator.

W. Kent Robertson, Metairie, for defendant-appellant W.P. "Buster" Bishop.

Before GARRISON, KLEES and WARD, JJ.

KLEES, Judge.

Defendant, W.P. "Buster" Bishop, was the owner of a colt named "Top Avenger." In April of 1980, defendant hired plaintiff, Dwight Viator, as a trainer of the thoroughbred. Defendant and plaintiff entered into an oral contract that defendant would pay plaintiff a per diem training fee of $28.00 to $30.00 plus veterinary and shoeing bills and ten percent of the horse's winnings.

Plaintiff alleged that defendant was interested in selling "Top Avenger...

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