Henry F. Turner

In Cox-Hardie Company v. Rabalais, a general contractor sued a subcontractor to recover excess costs after the subcontractor refused to perform painting and sheetrock work on an apartment building following acceptance of his $8,358 bid. The Court of Appeal of Louisiana, Fourth Circuit, affirmed the trial court's judgment for the plaintiff, finding a valid contract had formed. The court reasoned that the defendant's bid was accepted verbally before any withdrawal attempt, all essential terms were agreed upon, and the later formal subcontract served only to document the existing agreement rather than constitute a counter-offer. It further held that the defendant's unilateral mistake in omitting outside painting costs did not void the contract, as the plaintiff had innocently relied on the bid when submitting its own general contract offer.

business & regulatory

This case concerns a divorced wife's suit to enforce a property settlement agreement made with her husband before their Nevada divorce, which was incorporated by reference into the divorce decree and later ratified by the parties. The husband reconvened, arguing the agreement was null and void under Louisiana Civil Code provisions on interspousal contracts, could not be ratified, and that the Nevada judgment was not entitled to full faith and credit regarding Louisiana property matters. The court held that the agreement, though potentially invalid when executed during the marriage, was validly ratified after the divorce and thus enforceable, entitling the wife to specific payments for support, property items, and insurance cash values as outlined in the contract. It awarded the wife $12,800 plus interest and monthly payments with some reductions to her insurance claim, denied the husband's reconventional demands, and remanded for further accounting on insurance policies.

family lawproperty

Broadmoor Lumber Co. sued contractor J.B. Ladner and property owner Anthony Liberto to recover the price of lumber and materials supplied for repairs to Liberto's store, seeking a personal judgment and recognition of a recorded materialman's lien under Louisiana law. The trial court granted judgment for the full amount against both defendants and recognized the lien, but on appeal the Court of Appeal amended the judgment downward. The court held that the lien statute (LSA-R.S. 9:4812) creates both personal and real actions but applies only to materials incorporated into immovables; it therefore excluded the cost of materials used for freestanding movable display cabinets while upholding recovery for lumber used in the roof. The court further ruled that the corporate plaintiff succeeded to the original supplier's rights after incorporation and that the owner bore the burden of proving any delivered materials were not used on the immovable portion of the work.

propertyprocedure

This case involved a lawsuit by Clifford G. Glass, as natural tutor for his minor daughter Vicki Lynn Glass, against Toye Brothers Yellow Cab Company seeking damages for physical injuries and medical expenses from a 1961 intersection collision in New Orleans where a speeding taxicab struck the side of the compact car driven by the 15-year-old Vicki. The trial court awarded the plaintiff $1,000 for the minor and $250 individually, but the Court of Appeal reversed the judgment and dismissed the suit. The court determined that the taxicab driver was negligent for exceeding the 20 mph speed limit at 30-40 mph, but that Vicki was also contributorily negligent because she failed to maintain a proper lookout for traffic from her right, did not yield the right of way as required by city code and state statute, and entered the intersection without adequate precaution despite an unobstructed view; evidence of 36 feet of skid marks further supported that she had braked too late to avoid the accident. Under settled Louisiana law, a motorist must see what is visible through due diligence and cannot rely on preemption of the intersection when entering negligently, so her contributory negligence barred any recovery.

torts & liability

The case involved a claim by Mrs. Ethel S. Midlo against her insurer, Indiana Lumbermen's Mutual Insurance Company, to recover $1,000 under a policy for the loss of her diamond engagement ring, which she alleged occurred by mysterious disappearance. The trial court ruled in the plaintiff's favor, and the Court of Appeal of Louisiana, Fourth Circuit, affirmed that judgment. The court reasoned that the policy language defined theft to include mysterious disappearance as a distinct covered peril separate from actual theft, and the facts showed the ring vanished from Mr. Midlo's pocket under unknown circumstances that met the definition of mysterious disappearance without requiring proof of theft.

business & regulatoryproperty

The case was about a husband's attempt to amend a 1950s divorce judgment to remove his ex-wife as an alimony recipient, claiming the original decree mistakenly included her despite his agreement to support only the children. The Court of Appeal of Louisiana affirmed the lower court's dismissal of the suit, ruling that the requested change would impermissibly alter the substance of a final judgment rather than correct its phraseology or calculations. The court reasoned that the wife's alimony right was res judicata and vested, that the husband had acquiesced by paying alimony for years, and that his delay constituted laches.

family lawprocedure