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49 La. Ann. 863

Ellerbe v. Minor

Supreme Court of Louisiana

Decided January 18, 1897

Supreme Court of Louisiana · decided 1897-01-18

<p>A contractor is responsible for the damages resulting from his failure to complete the work.in time.</p> <p>The price was due, less the damages.</p> <p>There was no negligence or failure of the defendant to take reasonable precautions to reduce the damages.</p> <p>The operations usual in saving a crop of cane were those adopted in matter of grinding defendant’s cane.</p> <p>The evidence is indefinite; the amount and value of the unfinished work was not shown. We are not satisfied that justice requires a disturbance of the judgment of the lower court.</p>

Decided 1897-01-18

¶1On Application for Rehearing.

¶2The application is based principally upon fact. The defendant-claims that on his reconventional demand, damages should have been allowed for twenty-nine days instead of fifteen days.

¶3We have re-examined the record and have found that the manager, of defendant’s plantation testified that the first cars to be used on the road in question were received between the 86h and 10th of October, and that the 'whole eighty cars were ready for use fifteen days from the day the first car arrived.

¶4This statement, we think, is supported by the weight of the testimony of the other witnesses and sustains the correctness of the-number of days fixed by the decree.

¶5With reference to the item for alleged extra work, in that respect-also we have found no cause to alter our decree.

¶6Rehearing refused.

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