No. 3751 Precedential Affirmed Processed

Williams v. Dave Lumber Co.

Louisiana Court of Appeal, First Circuit · Filed November 18, 1931 · 137 So. 610

Also decided on this docket: La. Ct. App. 1st Cir., March 2, 1972 260 So. 2d 32; La. Ct. App. 4th Cir., December 18, 1953 69 So. 2d 64; La. Ct. App. 1st Cir., November 27, 1905 3 Teiss. 27

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Opinion text

DREW, J. This case is a companion case to No. 3752, on the docket of this court, entitled J. H. McNeely v. Dave Lumber Company et al., 137 So. 607 , decided this day. The two cases were consolidated for trial in this court. Although they were tried separately in the lower court, the evidence adduced in No. 3752 was by agreement used in this case. The pleadings raised the same issues, the same exceptions were filed, and the same ruling made by the lower court. The only difference in the two cases is that there are different plaintiffs and a difference in the amounts sued for. The account sued on is admitted to be correct, therefore, for the reasons assigned in No. 3752, on the docket of this court. The judgment of the lower court is affirmed, with costs.