Wessell Plumbing Co. v. Webb

Louisiana Court of Appeal

Wessell Plumbing Co. v. Webb

127 So. 456, 13 La. App. 147, 1930 La. App. LEXIS 575

CourtLouisiana Court of Appeal

DecidedApril 10, 1930

DocketNo. 2803

StatusPublished

This text of 127 So. 456 (Wessell Plumbing Co. v. Webb) 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

Wessell Plumbing Co. v. Webb, 127 So. 456, 13 La. App. 147, 1930 La. App. LEXIS 575 (La. Ct. App. 1930).

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Opinion

WEBB, J.

Plaintiff, Wessell Plumbing Company, Inc., brought this action to recover judgment against F. L. Dyer and J. C. Webb in solido for $188.25, with recognition of a ¡privilege to secure the payment of the claim on the property of J. C. Webb, and plaintiff appeals from a judgment rejecting its demands against Dyer and awarding judgment against Webb in the sum of $15, but rejecting the demand for recognition of a privilege.

Plaintiff alleged that the amount was due for materials and labor, plumbing fixtures and cost of installation, furnished Dyer, who contracted with Webb to improve real estate belonging to the latter. Both defendants denied that they were indebted to plaintiff in any amount.

On trial of the cause, the evidence developed that Dyer was engaged in the business of building houses on property owned by him, and selling the property; that plaintiff, Wessell Plumbing Company, Inc., had contracted to furnish and install plumbing fixtures in one of the houses constructed by Dyer which had been sold by Dyer to his co-defendant, Webb, before or about the time the building was completed, and that Webb desired that some of the plumbing fixtures should be removed and others installed, which was done by plaintiff, and the present action is for the cost of removing the fixtures, and the difference between the value of the fixtures removed and those installed.

Appellant has not made any appearance in support of the appeal, but we have read the record, and find that plaintiff failed to establish that defendants were indebted to it further than the amount admitted by Webb.

The judgment is therefore affirmed.

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WEBB, J.

Plaintiff, Wessell Plumbing Company, Inc., brought this action to recover judgment against F. L. Dyer and J. C. Webb in solido for $188.25, with recognition of a ¡privilege to secure the payment of the claim on the property of J. C. Webb, and plaintiff appeals from a judgment rejecting its demands against Dyer and awarding judgment against Webb in the sum of $15, but rejecting the demand for recognition of a privilege.

Plaintiff alleged that the amount was due for materials and labor, plumbing fixtures and cost of installation, furnished Dyer, who contracted with Webb to improve real estate belonging to the latter. Both defendants denied that they were indebted to plaintiff in any amount.

On trial of the cause, the evidence developed that Dyer was engaged in the business of building houses on property owned by him, and selling the property; that plaintiff, Wessell Plumbing Company, Inc., had contracted to furnish and install plumbing fixtures in one of the houses constructed by Dyer which had been sold by Dyer to his co-defendant, Webb, before or about the time the building was completed, and that Webb desired that some of the plumbing fixtures should be removed and others installed, which was done by plaintiff, and the present action is for the cost of removing the fixtures, and the difference between the value of the fixtures removed and those installed.

Appellant has not made any appearance in support of the appeal, but we have read the record, and find that plaintiff failed to establish that defendants were indebted to it further than the amount admitted by Webb.

The judgment is therefore affirmed.

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Bluebook (online)

127 So. 456, 13 La. App. 147, 1930 La. App. LEXIS 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wessell-plumbing-co-v-webb-lactapp-1930.