No. 9287 Precedential Processed

Jesse F. Heard & Sons v. Birmingham Ornamental Iron Co.

Louisiana Court of Appeal, First Circuit · Filed October 27, 1960 · 124 So. 2d 220

Also decided on this docket: La. Ct. App. 1st Cir., June 29, 1973 281 So. 2d 880

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Opinion text

GLADNEY, Judge. Plaintiffs, a general contractor and its surety, sued to cancel an affidavit of lien for $4,355.08 filed by Birmingham Ornamental Iron Company, Inc., in Lincoln Parish, Louisiana, the claim arising out of the construction of a Student Union Building for Grambling College. After trial, the judge a quo denied the defenses urged therein, predicating his findings and rulings on those announced in a companion case, Jesse F. Heard & Sons et al. v. Southwest Steel Products et al., 124 So.2d 211 . Birmingham Ornamental Iron Company, Inc., perfected this appeal from the decree. The issues herein presented are fully answered in our opinion and decision in Jesse F. Heard & Sons et al. v. Southwest Steel Products et al., 124 So.2d 211 . Accordingly, the judgment from which appealed is affirmed at appellant’s cost.