Louisiana Court of Appeal January 11, 1971, No. 4143 (Fidelity Bank & Trust Co. v. Peace)

LEMMON, Judge.

A. D. Smith Construction Company, Inc. and the Succession of Angus D. Smith ap*336pealed suspensively from a money judgment against both as third party defendants, based on an alleged agreement by the deceased Angus D. Smith to pay a portion of the debt of Thomas L. Peace.

Fidelity Bank and Trust Company sued Peace for the balance of $1,312.00 due on a promissory note.