Cited by
Opinions in Louisiana that cite Airco Refrigeration Service, Inc. v. Fink, 134 So. 2d 880.
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Master Maintenance Engineering, Inc. v. McManus
292 So. 2d 284
La. Ct. App. 1st Cir. 1974
Airco Refrigeration Service, , (1961).
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Congregation Gates of Prayer v. DiMaggio
286 So. 2d 128
La. Ct. App. 1st Cir. 1973
See Airco Refrigeration Service, , (1961).
- Scott Fence & Insulation Co. v. Boudro 252 So. 2d 458 La. Ct. App. 1st Cir. 1971
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Franklin v. Mackie
221 So. 2d 360
La. Ct. App. 1st Cir. 1969
Airco Refrigeration Service, , (1961).
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Haller v. Sargent
219 So. 2d 806
La. Ct. App. 1st Cir. 1969
Aireo Refrigeration Service, Inc. v. Fink, La.App., , affirmed , ; A. A. Home Improvement Company, Inc. v. Irwin, La.App., .
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Cannon v. Van Valin
211 So. 2d 751
La. Ct. App. 1st Cir. 1968
Airco Refrigeration Service, , (1961); (La.App.
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Bramlette v. Hebert
210 So. 2d 361
La. Ct. App. 1st Cir. 1968
Article 2769; Airco Refrigeration Service, , (1961).
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Houlemard v. Brierre
207 So. 2d 185
La. Ct. App. 1st Cir. 1968
See Airco Refigeration Service, , ; Rocquin v. Simmons, La.App., .
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AA Home Improvement Company v. Irwin
203 So. 2d 888
La. Ct. App. 4th Cir. 1967
Airco Refrigeration Service, , (1961); (La.App.
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U-Finish Homes, Inc. v. Lanzl
202 So. 2d 339
La. Ct. App. 1st Cir. 1967
art. 2769 which reads as follows: “If an undertaker fails to do the work he has contracted to do, or if he does not execute it in the manner and at the time he has agreed to do it, he shall he liable in damages for the losses that may ensue from his noncompliance with his contract.” In the case of Aireo Refrigeration Service, , , on page 882, the Supreme Court of Louisiana stated: “[1,2] The contract involved in the instant case is a building contract within the definition of Article 2756 of the
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Jim Walter Corporation v. Laperouse
196 So. 2d 539
La. Ct. App. 3d Cir. 1967
Assuming for purposes of discussion that some defects directly attributable to the builder are proven by the record, the legal principle to be applied in determining contractual liability of the parties is found in Airco Refrigeration Service, , (1961): "The contract involved in the instant case is a building contract within the definition of Article 2756 of the LSA-Civil Code.
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Sullivan v. Carpenter
193 So. 2d 105
La. Ct. App. 1st Cir. 1966
See Airco Refrigeration Service Inc. v. Fink [ ], .
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Graham v. Lieber
191 So. 2d 204
La. Ct. App. 1st Cir. 1966
Airco Refrigeration Service, , (1961); , La.App., 4th Cir.1961; , La.App., Orl.1945; Merrill v. Harang, 198 So.
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Rocquin v. Simmons
187 So. 2d 472
La. Ct. App. 1st Cir. 1966
We think the legal principle to be applied in determining the contractual liability in this case is found in Airco Refrigeration Serv., -81 , (1961): “The contract involved in the instant case is a building contract within the definition of Article 2756 of the LSA-Civil Code.
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Rathe v. Maher
184 So. 2d 256
La. Ct. App. 1st Cir. 1966
386 ; Polizzi v. Thibodeaux (1948), La.App., ; Montague v. Milan (1953), La.App., ; Airco Refrigeration Service, Inc. v. Fink (1961) , ; Federico v. Kratzberg (1964), La.App., .
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Breaux v. Co-Operative Cold Storage Builders, Inc.
187 So. 2d 1
La. Ct. App. 1st Cir. 1966
Airco Refrigeration Service, , .
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Snow-White Roofs, Inc. v. Boucher
182 So. 2d 846
La. Ct. App. 4th Cir. 1966
Airco Refrigeration Service, , ; Federico v. Kratzberg, La.App., ; D'Antonio v. Lemoine, La.
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U-Finish Homes, Inc. v. Michel
183 So. 2d 101
La. Ct. App. 1st Cir. 1965
If an undertaker fails to do the work he has contracted to do, or if he does not execute it in the manner and at the time he has agreed to do it, he shall be liable in damages for the losses that may ensue from his noncompliance with his contract.” In the case of Airco Refrigeration Service, Inc. v. Fink (1961) , , the Supreme Court said on page 79 of 242 La.
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Bayone v. Petteway
180 So. 2d 78
La. Ct. App. 1st Cir. 1965
Airco Refrigeration Service, , (1961); Town & Country Contractors v. Henderson, 231 La.
- Rogers v. Standard Plumbing & Heating Co. 176 So. 2d 810 La. Ct. App. 1st Cir. 1965
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Federico v. Kratzberg
163 So. 2d 843
La. Ct. App. 4th Cir. 1964
D'Antonio v. Lemoine, La.App., ; Airco Refrigeration Service, , ; Loeb v. Neilson, La.App., ; Norman v. Brown, La.App., ; DuBos v. Sanders, 174 La.
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Southern Patio, Inc. v. Brown
153 So. 2d 924
La. Ct. App. 1st Cir. 1963
D’Antonio v. Lemoine, La.App., ; Airco Refrigeration Service, , ; Norman v. Brown, La.App., .
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Brown v. Sanders
149 So. 2d 228
La. Ct. App. 1st Cir. 1963
Airco Refrigeration Service,, , (1961).
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Edward Chassaniol, Jr., Roofing & Siding, Inc. v. Ramsey
144 So. 2d 618
La. Ct. App. 1st Cir. 1962
In the light of the above determinations, we believe the principles applicable to the facts of this case were succinctly stated by our Supreme Court in the recent case of Airco Refrigeration Service, , , in which the court adopted with approval the following passage extracted from the appeals court decision in that case, to-wit: “With reference to the performance vel non of building contracts, where the contractor has defaulted, either in not completing the work or having performed defective wor