Sims v. Orleans Tile Mnfg. Co.
Also decided on this docket: La. Ct. App. 1st Cir., May 2, 1972 261 So. 2d 723; La. Ct. App. 1st Cir., March 23, 1959 110 So. 2d 834; La., November 15, 1873 25 La. Ann. 621; La. Ct. App. 3d Cir., November 27, 1974 303 So. 2d 795
Sims v. Orleans Tile Mnfg. Co., 6 Teiss. 393 (La. Ct. App. 1st Cir. 1909).
Opinion text
ST. PAUL, J. I am of opinion that the judgment of the City Court is correct. *394 June 21, 1909. The evidence does not establish that the concrete blocks furnished by the defendant company were inferior in quality. The three last or top courses, were “green,” but plaintiff knew this fact when he used them and had been cautioned against doing so before they were properly seasoned. I’am satisfied that the trouble comes principally from-the fact that, contrary to custom, no. furring was used in the exterior walls of the building, but instead the plaster was laid directly on the blocks, which by their very nature were porous. In this connection it is well to observe that the defendant, a corporation, distinct from the individuals that compose it, had nothing to do with the completion of the specifications, in which no furring was called for. Judgment affirmed.