Petition #20883106

Abstract

Bernard Ostin, a brick mason, claims that Valerien Auzenne, a free man of color and a planter, owes him $900, which he “injustly detains.” Ostin represents that, in 1830, Auzenne and Mrs. Déjean contracted with him to build two sugar houses. Because of the large size of the project, Ostin agreed to do the work for $1.50 per 1000 for the brick work, half of what he normally charges, thus turning down other more lucrative and more convenient jobs. After quickly completing Mrs. Déjean’s sugar house, Ostin proceeded to work for Auzenne, who soon informed him that his services were no longer needed and that other parties had been contracted to complete the work. Ostin now alleges that Auzenne "fraudulently represented" the work to be done, causing him to suffer damages in the amount of $900: $500 for “work refused” to others, $200 for the difference between his regular price and the contracted price, and $200 for work completed prior to his dismissal. He therefore prays for an order condemning Auzenne to pay him $900. In his related answer, Auzenne charges that Ostin did not start the work on time and was absent for many days, drinking to excess and engaging in other "debaucheries," and keeping "hands" on the plantation idle as they waited for his return to the task. As work on the sugar house was not progressing as promised, fear of economic consequences forced Auzenne to discharge Ostin.

Result: Dismissed.

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Citation information

Repository: St. Landry Parish Courthouse, Opelousas, Louisiana

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