115 So. 491 | La. | 1928
This is a suit for the contract price of a certain fire prevention sprinkler system installed by plaintiff in a certain warehouse belonging to defendant.
"This defendant particularly desired the shape of tank specified in the plans for the reason, among others, that the greater depth [height] of the tank [i.e., of a tank of that shape] furnished a larger service for display of advertising, and for which purpose this defendant intended to use the same."
In other words, this defendant complains that, although he was contracting apparently only for a sprinkler system, nevertheless, plaintiff should have known that he meant to use part of it for the display of advertising matter.
In our opinion this is a mere afterthought, and cannot "reasonably be supposed *294
to have entered into the contemplation of the parties at the time of the contract." Rev. Civ. Code art.
The trial judge correctly gave judgment for plaintiffs as prayed for.