
    Robert FOSTER v. Jeff D. JACKSON, d/b/a Jackson Mortgage Service & Construction Co.
    No. 59140.
    Supreme Court of Louisiana.
    Feb. 16, 1977.
   In re: Robert Foster applying for certio-rari, or writ of review, to the Court of Appeal, 339 So.2d 865, Third Circuit, Parish of Iberia.

Writ denied. On the facts found by the court of appeal, there is no error of law.

TATE, J.,

dissents from denial. For the reasons stated by the dissenting opinions in the court of appeal he feels that the court of appeal majority exceeded the proper scope of appellate review by re-evaluating testimony reasonably found credible by the trial court.

DIXON and CALOGERO, JJ.,

are of the opinion the writ should be granted.  