No. 13997 Precedential Affirmed Processed

Palmisano v. Schadwell

Louisiana Court of Appeal, First Circuit · Filed April 4, 1932 · 140 So. 857

Also decided on this docket: La. Ct. App. 1st Cir., July 30, 1979 375 So. 2d 142; La. Ct. App. 1st Cir., October 29, 1980 393 So. 2d 146

Cited by

Faslund v. Kendrick 169 So. 2d 276 La. Ct. App. 1st Cir. 1964
Woodard v. American Indemnity Co. 118 So. 2d 284 La. Ct. App. 1st Cir. 1960
Wiley v. Sutphin 108 So. 2d 256 La. Ct. App. 2d Cir. 1958
Wood v. Manufacturers Casualty Insurance Co. 107 So. 2d 309 La. Ct. App. 2d Cir. 1958
Emmco Insurance v. California Co. 101 So. 2d 628 La. Ct. App. 5th Cir. 1958
Wilhite v. Gilmore 91 So. 2d 461 La. Ct. App. 1st Cir. 1956
Ramsey v. McDaniel 84 So. 2d 276 La. Ct. App. 1st Cir. 1955
Stockwell v. Gulf Engineering Co. 83 So. 2d 386 La. Ct. App. 1st Cir. 1955
Myers v. Maricelli 50 So. 2d 312 La. Ct. App. 1st Cir. 1951
Teche Lines, Inc. v. Gorum 13 So. 2d 291 La. 1943
Hagaman v. Bankers Indemnity Ins. Co. 7 So. 2d 390 La. Ct. App. 1st Cir. 1942
Brown v. Dickson 3 So. 2d 562 La. Ct. App. 1st Cir. 1941

all 22 citing documents »

Opinion text

WESTERFIELD, J. This is a suit for $262.14 based upon an alleged verbal contract. There was judgment below in defendant’s favor, and plaintiff has appealed. It' appears that the defendant owned an excavating machine and undertook certain work in connection with the construction of the Eleanore McMain I-Iigh School. Plaintiff contends that he procured the work for defendant, -and that it was performed under an agreement that he was to receive one-half of the profits, which, he claims, amounted to the sum sued for. Defendant denies that he had any agreement with plaintiff to share the profits derived from the contract, which, he insists, was undertaken on his own account. There were no witnesses to the verbal agreement and the circumstances under which the work was performed and the price paid appear to corroborate defendant’s statement. At any rate, the plaintiff has failed to establish the contract which is the basis of this suit. For the reasons assigned the judgment appealed from is affirmed. Affirmed.