Cited by
Opinions in Louisiana that cite Lillis v. Anderson, 21 So. 2d 389.
- Price v. Huey Childs Builder, Inc. 426 So. 2d 398 La. Ct. App. 2d Cir. 1983
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Ostrowe v. Darensbourg
369 So. 2d 1156
La. Ct. App. 1st Cir. 1979
3d Cir. 1970), and Sahuc v. United States Fidelity and Guar.
- Ryan v. Alexander 336 So. 2d 944 La. Ct. App. 1st Cir. 1976
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Meador v. Toyota of Jefferson, Inc.
332 So. 2d 433
La. 1976
3d Cir. 1970), and Sahuc v. United States Fidelity & Guar.
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RO Roy & Company, Inc. v. a & W TRAILER SALES
277 So. 2d 204
La. Ct. App. 2d Cir. 1973
4th Cir. 1961); (La.App.
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Prince v. Paretti Pontiac Co.
262 So. 2d 826
La. Ct. App. 1st Cir. 1972
Orleans, 1945, ; Reimann Construction Company v. Upton, La.App.Orleans, 1938, 178 So.
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Baker v. KELLER CONSTRUCTION CORPORATION
219 So. 2d 569
La. Ct. App. 4th Cir. 1969
1961); Reimann Construction Company v. Upton, 178 So.
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AA Home Improvement Company v. Irwin
203 So. 2d 888
La. Ct. App. 4th Cir. 1967
4th Cir. 1961); (La.App.
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U-Finish Homes, Inc. v. Lanzl
202 So. 2d 339
La. Ct. App. 1st Cir. 1967
Among the factors to be considered are the extent of the defect or non-performance, the degree to which the purpose of the contract is defeated, the ease of correction, and the use or benefit to the defendant of the work performed.” In Lillis v. Anderson, La.App., , the difference between procedure in this type of action from that which pertains to other commutative contracts is clearly set forth, where the court stated: “While it is the general rule that a person suing to recover on a commutati
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Graham v. Lieber
191 So. 2d 204
La. Ct. App. 1st Cir. 1966
73 , (1961); , La.App., 4th Cir.1961; , La.App., Orl.1945; Merrill v. Harang, 198 So.
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U-Finish Homes, Inc. v. Michel
183 So. 2d 101
La. Ct. App. 1st Cir. 1965
Among the factors to be considered are the extent of the defect or non-performance, the degree to which the purpose of the contract is defeated, the ease of correction, and the use or benefit to the defendant of the work performed.” In the case of Lillis v. Anderson (1945), Orl.App., La.App., , in differentiating the procedure in this type action from that which prevails in recovery on other commutative contracts, the court stated on page 392: “[2,3] While it is the general rule that a person su
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Airco Refrigeration Service, Inc. v. Fink
134 So. 2d 880
La. 1961
386 ; Lillis v. Anderson, La.App., ; Mangin v. Jorgens, La.
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Papa v. Louisiana Metal Awning Company
131 So. 2d 114
La. Ct. App. 2d Cir. 1961
Orleans, 1945, ; Reimann Construction Company v. Upton, La.App.
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Loeb v. Neilson
128 So. 2d 447
La. Ct. App. 4th Cir. 1961
The rule was well expressed by this court in the case of Lillis v. Anderson, La.App., , 392: "While it is the general rule that a person suing to recover on a commutative contract must allege and prove that he has fully performed his part of the engagement in order to recover, it is the well-settled jurisprudence of this state that this doctrine is without application to suits brought on building contr
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Jack v. Henry
128 So. 2d 62
La. Ct. App. 1st Cir. 1961
Plaintiff's complaint of error with respect to this award is based solely and exclusively on the theory that recovery of damages for inconvenience occasioned by violation of a contractual obligation is not compensable under our laws and as authority for said principle has cited Lillis v. Anderson, La.App., , decided in 1945 by the Orleans Court of Appeal (presently the Fourth Circuit).
- Norman v. Brown 83 So. 2d 488 La. Ct. App. 2d Cir. 1955
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Baker v. Stamps
82 So. 2d 858
La. Ct. App. 1st Cir. 1955
2d 877 ; Lillis v. Anderson, La.App., ; Merrill v. Harang, La.App., 198 So.
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D'Avy v. Briley
72 So. 2d 758
La. Ct. App. 1st Cir. 1954
528 ; Lillis v. Anderson, La.App.1945, ; A. M. Blodgett Const. Co. v. Cheney Lumber Co., 1912, 129 La.
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Poche v. Landry
57 So. 2d 808
La. Ct. App. 1st Cir. 1952
Esposito v. D’Assaro, La.App., ; Canulette & Son v. Clesi, La.App., ; Polizzi v. Thibodeaux, La.App., ; Brandin Slate Co. v. Bannister, La.App., ; Lillis v. Anderson, La.App., ; Merrill v. Harang, La.App., 198 So.
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Moore v. Usrey & Usrey
52 So. 2d 551
La. Ct. App. 2d Cir. 1951
In the case of Lillis v. Anderson et ux., La.App., , the following language of the Court, used in interpretation of Civil Code Article 2769, is quoted in brief by counsel for both parties to the present controversy: “The foregoing article has been construed by the courts to mean that, where a contractor sues on a building contract and it is shown that the work de
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Esposito v. D'Assaro
49 So. 2d 356
La. Ct. App. 1st Cir. 1950
386 ; Brandin Slate Co. v. Bannister, La.App., ; Lillis v. Anderson, La.App., .
- Mangin v. Jorgens 24 So. 2d 384 La. Ct. App. 1st Cir. 1946