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McDONALD ENTERPRISES, INC. v. AGE

No. 2000 CA 1938.

818 So.2d 70 (2001)

McDONALD ENTERPRISES, INC. d/b/a Fill Materials v. Verna Sherman, wife of/and Louis T. AGE, Jr.

Court of Appeal of Louisiana, First Circuit.

November 9, 2001.

Attorney(s) appearing for the Case

Catherine J. Smith, New Orleans, for Defendants/Appellants, Verna Sherman Age and Louis T. Age, Jr.

Fletcher W. Cochran, Slidell, for Plaintiff/Appellee, McDonald Enterprises, Inc. d/b/a Fill Materials.

Before: CARTER, C.J., PARRO, and CLAIBORNE, JJ.

CARTER, C.J.

In this most unusual appeal, the appellee concedes the case should be reversed. The factual background is as follows. Verna and Louis T. Age Jr. contracted with Dalbert Poree Construction Company to build a house for them in Slidell. After Poree completed construction, the construction contract was officially cancelled on January 22, 1998. The property, however, still needed a driveway and landscaping. According to Mr. Age, Roy Smith (Smith) knocked on...

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