Selby v. City of New Orleans

Citations

• 119 La. 900
• 44 So. 722
• 1907 La. LEXIS 562

Syllabus

<p>1. Parties — Defendants—Joinder—Person®' Necessary to Complete Determination— Subcontract.</p> <p>The action was brought to recover an amount claimed as due in accordance with terms- and conditions of a subcontract, entered into between plaintiffs and defendants.</p> <p>Considerable work had been done when plaintiffs abandoned the contract. They entered into-an agreement with defendants to complete the-work.</p> <p>The defendants reconvened and claimed an. amount due them for the work.</p> <p>2. Same — Extra Work.</p> <p>In addition to the work performed in accordance with the subcontract, plaintiffs claimed for extra work.</p> <p>For the work done under the subcontract, plaintiffs were allowed compensation. For extra work they were not allowed anything. The claim was large. In the principal contract it was stipulated that no charge was to be made for extra work unless ordered in writing by the city engineer.</p> <p>3. Same — Reconventional Demand.</p> <p>The reconventional demand was sustained for part of the items charged ) for other items, not sustained by sufficient evidence, it was rejected.</p> <p>4. Same — Bond.</p> <p>The National Surety Company, surety on plaintiffs’ bond, furnished an amount to complete the work. This amount was allowed to be paid in accordance with agreement.</p> <p>The surety company held the bond of two guarantors.</p> <p>Objection was urged on the ground that the surety company and their guarantors could not be made parties. The objection is not sustained.</p> <p>5. Appeai — Jurisdiction—Amount in Controversy.</p> <p>The objection of want of jurisdiction was not well founded.</p> <p>The funds had not been deposited by the owner for whom the building and works had been constructed.</p> <p>The proceedings were in their nature en concurso ; all were interested, and are properly parties.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 11, Contracts, §§ 1604-1608.]</p> <p>6. Guaranty — Bond—Sufficiency— Guarantors. of Surety