
    Thomas KRAMER v. LOUISIANA FARM BUREAU MUTUAL INSURANCE COMPANY.
    No. 55867.
    Supreme Court of Louisiana.
    March 7, 1975.
   In re: Louisiana Farm Bureau Mutual Insurance Company applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Allen. 304 So.2d 710.

Application denied. On the facts found by the court of appeal, and on the assignment of errors, the result is not incorrect.

BARHAM, J.,

dissents from writ denial. Under the facts found by the court of appeal there is no action in contract on the insurance policy. Plaintiff’s recovery should be had from the motor company who negligently repaired the automobile. The court below found that the insurer paid a stipulated sum before repair and stood prepared to pay for additional repairs. There can be no breach of contractual or other duty under these facts.  