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GIBBS CONST. CO., INC. v. THOMAS

No. 86-C-1208.

500 So.2d 764 (1987)

GIBBS CONSTRUCTION COMPANY, INC. v. A.C. THOMAS, et al.

Supreme Court of Louisiana.

Rehearing Denied February 12, 1987.

Attorney(s) appearing for the Case

Henry Dart, New Orleans, for applicant.

Henry Mestayer, A.D. Freeman, Satterlee, Mestayer & Freeman, New Orleans, for respondents.

COLE, Justice.

This is a suit for damages for nonperformance of a construction subcontract which existed between Gibbs Construction Company, and A.C. Thomas, doing business as L & L Painting and Drywall Company. Plaintiff Gibbs Construction Company (Gibbs) appeals from the judgment of the court of appeal, which found the contract null on the basis it contained a purely potestative condition. The primary issue is whether the defendant breached the contract by rescinding...

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