Louisiana Molasses Co. v. LeSassier

Citations

• 52 La. Ann. 2070

Syllabus

<p>Syllabus.</p> <p>The architect who prepared the plans and specifications of a building, and after-wards became tho contractor, and agreed with the owner to put up the building according to plans and specifications, is responsible for any defect or insufficiency in the specifications. He can not escape responsibility for</p> <p>' ' defectiveness of the work by taking the ground that the'defect was in the specifications, and not in the work. He is responsible for both. The Surety Company which signs his bond to guarantee the safe execution of his contract as an “architect and contractor” is equally as responsible as the architect and builder for the defectiveness of the specifications, or the work, where the “architect and builder” are one and the same person.</p> <p>The agreement was between all the parties (the oivDer and the contractor, and of which agreement the Surety Company was aware when it signed the bond), that payment would be made each month on the certificate of the superintendent showing the proportion of the work done. Effect is given to this certificate issued without fraud or intention of partiality, especially as the Surety Company itself agreed to some of the payments as made. Estimates can not be expected to be absolutely correct.</p> <p>Plaintiff tendered the amount it owed and offered its bond in payment of the . . claims of material men. This proceeding was in concurso and precludes . prescription.</p> <p>A tender must include interest, principal and costs incurred to the date of the tender. It must appear that the tender declined included the whole amount, or that the one tendering was ready to deliver principal, interest and costs.</p> <p>As to one of the claims, the judgment was not sustained by the evidence, and as to that claim the judgment is amended at the creditor’s costs on appeal.</p> <p>For reasons assigned in the original case of the Louisiana Molasses Company, Limited, vs. Louis LeSassier et als., the judgment as therein amended