A. Baldwin & Co. v. B & R Fences, Inc.

365 So. 2d 943, 1978 La. App. LEXIS 2786
Louisiana Court of Appeal·Decided December 7, 1978·No. No. 9964·Published·Cited by 2 cases

Opinion

GULOTTA, Judge.

In an open account case where the affidavit of correctness of the account is executed by an officer of the plaintiff corporation and refers to invoices attached to the petition showing receipt of merchandise by defendant from a corporation other than the plaintiff corporation, no prima facie proof has been established to support a default judgment in favor of plaintiff.1 CCP 681; CCP 690; CCP 1702; Eddie’s Hardware, Inc. v. Rago, 320 So.2d 276 (La.App. 4th Cir. 1975); Carboline Co. v. Hymel 335 So.2d 45 (La.App. 4th Cir. 1976).

Accordingly, the judgment is reversed and set aside. The matter is remanded for further proceedings.

REVERSED AND REMANDED.

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A. Baldwin & Co. v. B & R Fences, Inc., 365 So. 2d 943, 1978 La. App. LEXIS 2786 (La. Ct. App. 1978).

365 So. 2d 943 (A. Baldwin & Co. v. B & R Fences, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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