Orleans Plumbing Shop, Inc. v. George
Also decided on this docket: La. Ct. App. 1st Cir., April 25, 1973 277 So. 2d 198; La. Ct. App. 1st Cir., February 3, 1956 85 So. 2d 675; La. Ct. App. 1st Cir., February 16, 1932 139 So. 504; La. Ct. App. 4th Cir., June 17, 1907 4 Teiss. 391
Orleans Plumbing Shop, Inc. v. George, 244 So. 2d 360 (La. Ct. App. 1st Cir. 1970).
Cited by
- Jeffer's Trust v. Justice 253 So. 2d 234 La. Ct. App. 1st Cir. 1971
Authorities cited
Identified automatically; this list may not be exhaustive.
- Abry Bros., Inc. v. Tillman 245 La. 1017
- Taylor Seidenbach, Inc. v. Healy 90 So. 2d 158
Opinion text
On Rehearing LeSUEUR, Judge. We granted this rehearing on defendant’s application and contention that a money judgment cannot be granted predicated upon an untimely lien recordation. We agree with the contention. Absent privity of contract between the lienholder and the landowner, the money judgment cannot be obtained. See Abry Brothers, Inc. v. Tillman, 245 La. 1017 , 162 So.2d 346 (1964) and Taylor Seidenbach, Inc. v. Healy, La.App., 90 So.2d 158 (4th Cir. 1956). Accordingly, our original decree is recalled and set aside, the judgment appealed from is annulled and reversed, and plaintiff’s demands are dismissed. Costs in both courts are to be borne by Plaintiff-Appellee. Original decree recalled; judgment appealed from reversed.