Cited by
Opinions in Louisiana that cite Maloney v. Oak Builders, Inc., 235 So. 2d 386.
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Watkins v. Waller Oil Co.
341 So. 2d 1264
La. Ct. App. 1st Cir. 1977
Maloney v. Oak Builders, Inc., , Walters Air Conditioning Company, Inc. v. Firemen’s Fund Insurance Company, (La.App.
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Townsend v. Cleve Heyl Chevrolet-Buick, Inc.
318 So. 2d 618
La. Ct. App. 2d Cir. 1975
[2] An earlier characterization of attorney fees as "liquidated damages" as distinguished from "penalties" , (1970).
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Gauthreaux v. Gauthreaux
315 So. 2d 402
La. Ct. App. 3d Cir. 1975
Maloney v. Oak Builders, Inc., , (1970).
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Charles C. Cloy, General Contractors, Inc. v. DiVincenti Brothers, Inc.
308 So. 2d 495
La. Ct. App. 1st Cir. 1975
App. 4th Cir. 1969) modified , (1970): "It is also well settled that even if the owner proves the existence of the defects or omissions and the cost of repairing them, he is nevertheless barred from recovering the cost thereof if he accepted the work despite the patent defects or imperfections discoverable upon reasonable inspection
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Lambert v. JONES-McCLOSKEY CONSTRUCTION CO., INC.
311 So. 2d 488
La. Ct. App. 4th Cir. 1975
NOTES [1] See Maloney v. Oak Builders, Inc., La.App., , reversed on other grounds, , ; Airco Refrigeration Service, Inc. v. Fink, 242 La.
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Palmer v. Asaff
297 So. 2d 487
La. Ct. App. 1st Cir. 1974
4th Cir. 1969) modified , (1970): “It is also well settled that even if the owner proves the existence of the defects or omissions and the cost of repairing them, he is nevertheless barred from recovering the cost thereof if he accepted the work despite the patent defects or imperfections discoverable upon reasonable inspection
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Hebert v. Mayeur and Company, Inc.
296 So. 2d 446
La. Ct. App. 4th Cir. 1974
Maloney v. Oak Builders, Inc., , (1970)
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Town of Winnsboro v. Barnard & Burk, Inc.
294 So. 2d 867
La. Ct. App. 2d Cir. 1974
4th Cir. 1969) modified , (1970); Day v. National U. S. Radiator Corporation, 241 La.
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Fleming v. Louisiana Department of Education
293 So. 2d 658
La. Ct. App. 1st Cir. 1974
Maloney v. Oak Builders, Inc., , (1970).
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Diesel Engine Repairs, Inc. v. Point Landing, Inc.
291 So. 2d 793
La. Ct. App. 1st Cir. 1974
See Maloney v. Oak Builders, Inc., , (1970) (La.App.
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National American Bank v. SOUTHCOAST CONTR., INC.
276 So. 2d 777
La. Ct. App. 1st Cir. 1973
The parties litigant both cite the case of Maloney v. Oak Builders, Inc., , (1970) in support of their opposing views on the subject of attorney fees.
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Sons v. Baron Construction Co.
261 So. 2d 333
La. Ct. App. 1st Cir. 1972
163 , (1971); and Maloney v. Oak Builders, Inc., , (1970), decreed that a surety company is liable for the stipulated percentage of attorney’s fees for which it bound itself as surety in its intervention in the building contract.
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Lloyd v. Merit Loan Company of Shreveport, Inc.
253 So. 2d 117
La. Ct. App. 2d Cir. 1971
In the recent case of Maloney v. Oak Builders, Inc., , *120 (rehearing denied June 8, 1970), the Supreme Court stated: "It is well recognized in the jurisprudence of this Court that as a general rule attorney's fees are not allowed except where authorized by statute or contract.
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WALTERS AIR CONDITION. CO., INC. v. Firemen's Fund Ins. Co.
252 So. 2d 919
La. Ct. App. 2d Cir. 1971
389 , (1958), and Maloney v. Oak Builders, Inc., , (1970), particularly the dissenting opinion of Justice Barham in the latter case.
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Slaughter v. Roddie
249 So. 2d 584
La. Ct. App. 3d Cir. 1971
We think the trial judge was in error in allowing attorney fees for, as stated in the case of Kenny (Maloney) v. Oak Builders, Inc., , : "It is well recognized in the jurisprudence of this Court that as a general rule attorney's fees are not allowed except where authorized by statute or contract.
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Elite Homes, Inc. v. Herrmann
242 So. 2d 614
La. Ct. App. 4th Cir. 1971
The very recent Supreme Court case of Maloney v. Oak Builders, Inc., , , is applicable to the question of attorney's fees due by the surety.
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Popich v. Fidelity & Deposit Co.
245 So. 2d 394
La. 1971
A similar claim for attorney’s fees, based on the surety contract, was before this court in Maloney v. Oak Builders, Inc., , (1970).
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Pooler Building Materials, Inc. v. Hogan
244 So. 2d 62
La. Ct. App. 1st Cir. 1971
Maloney v. Oak Builders, Inc., , (1970).