SMITH v. STANFORD

No. 88-CA-41.

527 So.2d 445 (1988)

Jessie J. SMITH v. Mr. and Mrs. Robert B. STANFORD.

Court of Appeal of Louisiana, Fifth Circuit.

June 7, 1988.


Attorney(s) appearing for the Case

Hulse, Nelson & Wanek, John A. Stewart, Jr., New Orleans, for defendants-appellants.

Baldwin & Haspel, Jack A. Ricci, Metairie, for plaintiff-appellee.

Before CHEHARDY, C.J., and GRISBAUM, and DUFRESNE, JJ.


CHEHARDY, Chief Judge.

This is an action for breach of an agreement to purchase real estate. The prospective purchasers tendered a worthless check for part of the deposit. When they failed to make good the check, the seller sued and obtained a default judgment against them for the amount of the deposit, plus attorney's fees and costs. After he attempted to execute the judgment by a wage garnishment, the defendants appealed.

The basis of the suit is an agreement...

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