Cited by

Opinions in Louisiana that cite Brasher v. City of Alexandria, 41 So. 2d 819.

21 citing documents.

Semco, LLC v. Grand Ltd. 221 So. 3d 1004 La. Ct. App. 1st Cir. 2017
Specifically, the law provides that “where one agrees to do for a fixed sum a thing possible to be performed, he will not be excused or become entitled to additional compensation because unforeseen difficulties are encountered.” , (1949).
Frey v. Amoco Production Co. 603 So. 2d 166 La. 1992
(1949) (encounter of unforeseen difficulties does not excuse party's performance under the contract).
Hanna-Abington Alexandria, Inc. v. BUDD CONST. CO., INC. 487 So. 2d 743 La. Ct. App. 3d Cir. 1986
(1949); Powell v. Markham, 18 La.Ann.
Shell Oil Co. v. Williams, Inc. 428 So. 2d 798 La. 1983
Wetmore v. Blueridge, Inc. 391 So. 2d 951 La. Ct. App. 4th Cir. 1980
[2] , (1949); Wurst v. Pruyn, 250 La.
Charles Carter & Co. v. Dixie Electric Membership Corp. 380 So. 2d 632 La. Ct. App. 1st Cir. 1979
on rehearing: “It is the duty of one, who proposes to enter into a building contract to examine the contract, plans and specifications, and to determine whether it is possible to do the work before entering into the engagement [to do the work], or to insist upon some stipulation covering that matter.”
Orleans Parish Sch. Bd. v. Pittman Const. Co., Inc. 372 So. 2d 717 La. Ct. App. 4th Cir. 1979
See, for example, , (1949); American Mutual Liability Insurance Co. v. Favret, 224 F.Supp.
Peak v. Cantey 302 So. 2d 335 La. Ct. App. 1st Cir. 1974
McGowan-Rigsby Sup., Inc. v. CHARLES CARTER & CO. INC. 268 So. 2d 716 La. Ct. App. 1st Cir. 1972
wherein a contractor was held liable for using defective materials in completion of a contract to put an entire system in "working order".
Wurst v. Pruyn 202 So. 2d 268 La. 1967
(1949); Powell v. Markham, 18 La.Ann.
Murphy Corporation v. Petrochem Maintenance, Inc. 180 So. 2d 716 La. Ct. App. 1st Cir. 1965
Pittman Const. Co. v. Housing Auth. of New Orleans 169 So. 2d 122 La. Ct. App. 4th Cir. 1965
522 , , as follows: "The general rule is that, if destruction of a work during the course of construction is caused by defective, inadequate, or insufficient plans and specifications furnished by the owner, the contractor is nevertheless liable.
Pittman Construction Co. v. Board of Levee Commissioners 169 So. 2d 192 La. Ct. App. 1st Cir. 1964
139 ; , , to the case at bar.
Cox v. East Baton Rouge Parish School Board 165 So. 2d 667 La. Ct. App. 1st Cir. 1964
483 , and Brasher v. City of Alexandria (on first hearing), , .” Also see the opinion of this court in the case of East Baton Rouge Parish School Board v. Ford, La.App., , in which we followed the express holding of the Supreme Court in the Thames case.
Dinon Terrazzo & Tile Co. v. Tom Williams Construction Co. 162 So. 2d 795 La. Ct. App. 1st Cir. 1964
our Supreme Court in passing on the application of Article 2762 LSA-Revised Civil Code, where a soil problem was encountered, concluded: “ * * * that Article 2762 applies, and can only apply, where the building or other structure has been completed and delivered to the owner, and in such case the liab
Pontchartrain Park Homes, Inc. v. Sewerage & Water Board 159 So. 2d 774 La. Ct. App. 4th Cir. 1964
13:4521) and under the Louisiana jurisprudence (see Orleans Parish School Board v. City of New Orleans, La.App., ; , ; Makofsky v. Department of Highways, 205 La.
Barnhill Bros. v. Louisiana Department of Highways 147 So. 2d 650 La. Ct. App. 2d Cir. 1962
In support of this, , (1949).
Keller Construction Corp. v. George W. McCoy & Co. 119 So. 2d 450 La. 1960
thus: “The general rule is that, if destruction of a work during the course of construction is caused by defective, inadequate, or insufficient plans and specifications furnished by the owner, the contractor is nevertheless liable.
Draube v. Rieth 114 So. 2d 879 La. Ct. App. 1st Cir. 1959
East Baton Rouge Parish School Board v. Ford 76 So. 2d 20 La. Ct. App. 1st Cir. 1954
1029 , , , , and Gulf Shipside Storage Corporation v. Thames, 217 La.
Gulf Shipside Storage Corporation v. Thames 46 So. 2d 62 La. 1950
483 , and Brasher v. City of Alexandria (on first hearing), , .