No. 3427 Precedential Processed

Brenard Mfg. Co. v. Clawson Mercantile Co.

Louisiana Court of Appeal, First Circuit · Filed March 12, 1929 · 120 So. 649

Also decided on this docket: La. Ct. App. 1st Cir., May 28, 1971 248 So. 2d 608; La. Ct. App. 5th Cir., April 7, 1969 221 So. 2d 836; La. Ct. App. 1st Cir., May 2, 1904 1 Teiss. 201; La., May 15, 1874 26 La. Ann. 494; La. Ct. App. 1st Cir., June 29, 1951 53 So. 2d 285

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Opinion text

WEBB, J. The plaintiff, Brenard Manufacturing Company, instituted this action to recover judgment against the Clawson Mercantile Company, Incorporated, on certain notes drawn by defendant, payable to the order of plaintiff, and on trial judgment *210 being rendered rejecting plaintiff’s demands, it appeals. Appellant has not made any appearance here, and the cause involving the construction of an ambiguous contract, we assume that .the plaintiff has acquiesced in the construction of the contract by the court, and has abandoned its appeal. (Guy vs. McDuffie, 123 La. 641 , 49 So. 222 ; Quilter vs. Kearns, 135 La. 807 , 66 So. 229 ) and the judgment is affirmed.