Opinion
No. 39155.
December 9, 1949. Rehearing Denied January 9, 1950.
APPEAL FROM SEVENTEENTH JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE, STATE OF LOUISIANA, HONORABLE J. LOUIS WATKINS, JUDGE.
Bauer Bauer, Franklin, Pettigrew Duval, Houma, for defendant and appellant.
Leonard Greenburg, Houma, for plaintiffs and appellees.
This case was consolidated in the lower court with the case of Blanchard et al. v. Norman-Breaux Lumber Company, Inc., 44 So.2d 112, for the purposes of trial, to be tried as one case with separate judgments to be rendered, and also was consolidated for the purposes of argument in this court.
For the reasons assigned in the case of Blanchard et al. v. Norman-Breaux Lumber Company, Inc., 44 So.2d 112,fn1 the judgment appealed from is reversed and set aside, the call in warranty by defendant is reinstated, and the case is remanded to the lower court to be proceeded with according to law; appellee to pay all the costs of this appeal, the assessment of all other costs to await the final disposition of the case.
FOURNET, C. J., absent.