¶1(concurring in part and dissenting in part).
¶2*587In view of the holding of this court in Johnson v. Johnson, 213 La. 1092, 36 So.2d 396, as well as of my dissent in Ducuy v. Falgoust, 228 La. 533, 83 So.2d 118, 1 am of the opinion that plaintiffs are not entitled to recover the penalty provided for in the involved contract. Otherwise, I concur in the result.