Opinion
No. 9287.
October 27, 1960. Rehearing Denied December 1, 1960. Certiorari Denied January 9, 1961.
Appeal from Third Judicial District Court, Parish of Lincoln; J.R. Dawkins, Judge.
Hayes, Harkey Smith, Monroe, for appellants.
Howell H. Heard, West Monroe, for appellees.
Plaintiffs, a general contractor and its surety, sued to cancel an affidavit of lien for $4,355.08 filed by Birmingham Ornamental Iron Company, Inc., in Lincoln Parish, Louisiana, the claim arising out of the construction of a Student Union Building for Grambling College. After trial, the. judge a quo denied the defenses urged therein, predicating his findings and rulings on those announced in a companion case, Jesse F. Heard Sons et al. v. Southwest Steel Products et al., 124 So.2d 211. Birmingham Ornamental Iron Company, Inc., perfected this appeal from the decree.
The issues herein presented are fully answered in our opinion and decision in Jesse F. Heard Sons et al. v. Southwest Steel Products et al., 124 So.2d 211.
Accordingly, the judgment from which appealed is affirmed at appellant's cost.