Compound shall form a thin tough elastic film on surface but remain permanently plastic underneath * * *." Compound shall be of proper consistency to be readily worked and not be affected by vibrations or long exposure to outside climate or temperature changes. "Caulking compound shall be Kuhl's Plastoid, Pecora, or equal.
The subcontract restated those portions of the general contract which were pertinent to the required application of caulking materials it read in part as follows: Minyard was to receive $3,000 for the work *425 and for furnishing the materials. For the purposes of this construction, Pittman entered into a subcontract with Minyard whereby the latter became bound for the application of caulking materials under Pittman's general contract with HANO. On Mathe Housing Authority of New Orleans (HANO), as owner, entered into a construction contract with Pittman Construction Company (Pittman) for the construction of Section I of the Desire Street Housing Project (Project). The sole issue presented for this Court's consideration is whether or not appellant's cause of action as set forth in the "Petition for Indemnity" has prescribed under Articles 25 or 3544 of the Civil Code. Writs were granted to review this action. The trial court and the Court of Appeal have sustained Curtis' peremptory exceptions and have dismissed Minyard's suit.
ACTIO DE IN REM VERSO CODE
Curtis filed peremptory exceptions based upon pleas of prescription of one year for actions in redhibition under Civil Code Articles 25 and of ten years for personal actions under Article 3544.
Minyard d/b/a Rockwood Insulation Company (Minyard) filed a "Petition for Indemnity" against Curtis Products, Inc., (Curtis) on November 17, 1965.
Cassisa, New Orleans, for defendant-appellee, respondent. Graham, New Orleans, for plaintiff-appellant.īernard, Micholet & Cassisa, Paul V.
0 kommentar(er)
