Louisiana Court of Appeal December 7, 1908, No. 4546 (Maurer v. Vizard)

DUFOUR, J.

When this cause was originally before us, we found that the plaintiff has failed to prove the contract declared upon, and we gave judgment dismissing his suit, but reserving to him the right to claim of defendant by proper proceeding such items therein sued on as may be shown to have been necessary for the work and to have enured to the benefit of defendant or his property.