FOSTER CONST. CO., INC. v. WAFER

No. 00-218.

776 So.2d 1272 (2000)

FOSTER CONSTRUCTION COMPANY, INC., Plaintiff-Appellee, v. Otis WAFER, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied March 23, 2001.


Attorney(s) appearing for the Case

Thomas Overton Wells, Attorney at Law, Alexandria, LA, Counsel for Foster Construction Company, Inc.

Edward Larvadain, Jr., Attorney at Law, Alexandria, LA, Counsel for Otis Wafer.

Court composed of Chief Judge NED E. DOUCET, Judge HENRY L. YELVERTON, Judge ULYSSES G. THIBODEAUX, Judge JOHN D. SAUNDERS and Judge MARC T. AMY.


AMY, Judge.

The plaintiff, a construction company, and the defendant entered into a contract for the construction of a restaurant. The plaintiff contends the defendant failed to honor the contract and seeks out-of-pocket expenses and lost profits. The defendant contends the contract was contingent on his ability to obtain financing. The trial court found in favor of the plaintiff. The defendant appeals. We affirm.

Factual and Procedural Background

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