CONGREGATION OF ST. PETER'S ROMAN CATHOLIC CHURCH OF GUEYDAN v. SIMON

No. 85-1178.

497 So.2d 409 (1986)

The CONGREGATION OF ST. PETER'S ROMAN CATHOLIC CHURCH OF GUEYDAN, Plaintiff-Appellant, v. Ernest SIMON, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

November 5, 1986.


Attorney(s) appearing for the Case

Joseph J. Piccione, Lafayette, for plaintiff-appellant.

Edward G. Saal, Jr., Gueydan, for plaintiff-appellee.

Nicholas Sigur, McBride and Foret, Robert R. McBride, Lafayette, Cecelia B. Bonin, New Iberia, for defendants-appellees.

Before DOMENGEAUX, YELVERTON and KNOLL, JJ.


YELVERTON, Judge.

The issue in this appeal is whether the right of action of the obligee against a surety on a subcontractor's performance bond is extinguished by the prescription of one year under the Private Works Act. The trial court after a trial on the merits maintained the plea of prescription and dismissed the action. We reverse. We find that the performance bond here was not a statutory bond governed by the Private Works Act, but a conventional contract of...

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