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DRAKE CONCRETE CO. OF BELLE CHASSE, INC. v. BUFFMAN, INC.

No. 88-CA-0691.

535 So.2d 26 (1988)

DRAKE CONCRETE CO. OF BELLE CHASSE, INC. v. BUFFMAN, INC. and Wm. J. Melling & Associates, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

November 29, 1988.

Attorney(s) appearing for the Case

Phillip F. Cossich, Jr., George Pivach, III, Pivach, Cossich & Pivach, Belle Chasse, for plaintiff-appellee Drake Concrete Co.

James Burnett Aime, New Orleans, for defendant-appellant Buffman, Inc.

Martin A. Welp, New Orleans, for defendant-appellant William J. Melling & Associates, Inc.

Before BYRNES, CIACCIO, and WARD, JJ.

BYRNES, Judge.

This appeal arises from a summary judgment granted on an open account which cost both defendants liable to plaintiff. We reverse.

FACTS

Buffman, Inc. (Buffman), as owner of immovable property, contracted with William J. Melling and Associates (Melling), as general contractor, for construction of St. Rita's Nursing Home in St. Bernard Parish. Thereafter, although Buffman denies that there was a contract between Buffman and Drake Concrete...

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