Deutsch v. Castano

189 So. 2d 286, 1966 La. App. LEXIS 4807
CourtLouisiana Court of Appeal
DecidedJuly 15, 1966
DocketNo. 2300
StatusPublished
Cited by1 cases

This text of 189 So. 2d 286 (Deutsch v. Castano) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deutsch v. Castano, 189 So. 2d 286, 1966 La. App. LEXIS 4807 (La. Ct. App. 1966).

Opinion

CHASEZ, Judge.

The plaintiff herein, Erwin Deutsch, d. b. a. Deutsch Construction Company, alleging that he had entered into a building contract with the defendant, Marco T. Castaño, under the terms of which he was to furnish certain materials, labor and do certain repairs and improvements on the premises of the defendant at 6046 Louisville Street in the City of New Orleans, for the agreed sum of $5187.50, to which sum was added the sum of $717.05 to cover the cost of extras necessarily incurred during the progress of the work, at the request of the defendant, filed this suit against the said defendant, Marco T. Castaño, for the sum of $904.55, with legal interest thereon from judicial demand until paid and all costs; and prayed further for recognition and maintenance of the lien and privilege he filed in the Mortgage Office for the Parish of Orleans, effecting the property repaired at No. 6046 Louisville Street in the City of New Orleans, La.

By supplemental and amended petition, the plaintiff reiterated the allegations of his original petition and alleged, alternatively, that he is entitled to recover the sum sued for on the basis of quantum meruit.

[287]*287The defendant admits that he had entered into the contract with the plaintiff .but denies all other allegations of plaintiff’s petition, except that he admits that he paid the plaintiff, the sum of $5,000.00, and still pwes him $187.50 on the contract.

He further alleged in his answer that he approved the following extras:

“That respondent authorized only the following extras at the indicated contractual prices :
Utility room, extra sheets of paneling, labor $ 54.16
Stud wall, labpr 23.20 -
Box out for wall steel cabinets 17.32
Remove small window and install larger one 11.55
One closet door 49.40
Basement-close up one door and two windows and outside plaster 25.00
Shoring 200.00
Bathroom — change of shower size 14.00
Kitchen — base and wall cabinet and top 109.88
Tile deck and splash at extra cabinet 36.00
TOTAL $540.51”

Defendant by reconventional demand claims that he is entitled to credits for certain items not performed by the plaintiff under the contract, i. e. $200.00 for certain windows and openings; $130.00 for electrical work; $100.00 for sheetrocking of the living room, dinning room and bedroom; and $33.00 for the substitution of six sheets of paneling; that plaintiff did not perform his work in a workmanlike manner and he is entitled to recover the sum of $451.00, which is necessary to properly complete the agreed upon contract; and claims that he suffered damages to the extent of $350.00 for a breach of the contract by the plaintiff, by not completing the job timely, and as a result thereof he had to eat his meals away from home and have his wearing apparel cleaned at laundries.

The defendant and plaintiff in reconvention, however, admits that he is indebted to the plaintiff for the sum of $540.51 for extras and the sum of $187.50, balance of contract price, or a total of $728.00, and contends by deducting this sum from the total of the items above set forth a balance is due him of $576.49 for which he demands judgment in reconvention.

The allegations of the supplemental and amended petition of the plaintiff were denied by the defendant and the allegations of the answer and reconventional demands of the defendant and plaintiff in reconvention were denied by the plaintiff.

The Court a qua rendered a judgment in favor of the plaintiff for the amount sued for herein, namely $904.55; with legal interest from judicial demand until paid, recognized and maintained the lien and privilege filed by the plaintiff against defendant’s property located at 6046 Louisville Street in the City of New Orleans, Louisiana, and dismissed the reconventional demand of the defendant and plaintiff in reconvention. From this judgment the defendant-appellant, Marco T. Castaño, has appealed.

As stated, this litigation arises out of a contract between the parties to repair and remodel the home of the defendant-appellant, and the amount sued for is the balance of the contract price of $187.50 and the cost of the extras ordered by the defendant-appellant, i. e. the sum of $717.05.

[288]*288The extras claimed by the plaintiff-ap-pellee on this job are fully set forth on plaintiff’s Exhibit #1, filed of record herein, which reads as follows:

July 10, 1963. “Mr. and Mrs. Marco Castaño
6046 Louisville St.,
New Orleans, La.
• Extras & Credits acc. to changes of remodeling work at above mentioned address:
Utility Room:
1. 4 extra sheets of paneling @ 6.50 $ 26.00
Labor 128 sq. ft. @ .20 25.60
2.56 $ 54.16
2. 12 LF Studwall -80 FBM @ 125.00 10.00
Labor 12 LF @ 1.00 12.00
1.20 23.20
3. 2 closets — 2 doors w/frame & trim Hardware, lumber, etc. 52.50
Labor 42.00
4.20 98.70
4. Box out for wall steel cabinets oi Ul
17.32 H-4 La •SI
5. Remove small window, install larger 10.50
1.05 11.55
Bathroom:
14.00 6. Change of Shower size 7 sq. ft. tile @ 2.00
7. Vanity Tile top in lieu of formica, see item 18
9S.00 8. Heating duct & outlet (bathroom) (den) Den: “ “ “ & ventpipe
25.00 9. Close up 1 door & window, incl. plaster
10.Cut out of window in rear door o LO
Labor o O
13.10 o VO
Kitchen:
11. 33" Base & Wall cabinet & top-base 64.72
wall 44.64
top 24.00
133.36
discount 20% 26.68
106.68
Tax 3% 3.20 109.88
12. Tile deck & splash at range & extra cabinet see Item 18
13. 2 windows credit against charge item # 1.
14. Difference in cost of appliances 558.26
estimate 498.00 60.26
15. Difference of st. steel hood-by owner
16. Sheetrock kitchen ceiling 90 sq. ft. @ .15 13.50
[289]*289Kitchen:
$ 36.00 17. Cost of wallpaper
$180.50 18.

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Bluebook (online)
189 So. 2d 286, 1966 La. App. LEXIS 4807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deutsch-v-castano-lactapp-1966.