Legal Opinion

Warfield v. Cotton

Supreme Court of Louisiana

Decided November 28, 1921No. 24958PublishedCited by 2 opinions

Action by John B. Warfield against V. B. Cotton for a writ of injunction. Injunction denied and plaintiff applied for writ of man-, damus, directed to Hon. Porter Parker,. Judge of Division D, Civil District Court, Parish of Orleans, to compel him to grant, the injunction.

1Opinion of the CourtProvosty, J.

Defendant made a proposition in writing to plaintiff through a broker to purchase a house and lot. The writing described the property, fixed the price and the time for passing the act of sale, named the ijotary before whom the act should be passed, and stipulated that interest at 8 per cent, should be paid by purchaser in the event of any delay in passing the act of sale; “possession to be given immediately.” The broker wrote on the document:

“J. B. Warfield: We submit the above.
“Leo Eellman, Agent.”

Plaintiff in turn wrote upon it:

“Leo Fellman, Agent: I accept the above offer and agree to pay…

2Cases cited3 opinions

  1. Pure Oil Operating Co. v. Gulf Refining Co.Supreme Court of Louisiana · 1918
  2. New Orleans & North Eastern Railroad v. Mississippi, Terre-aux Bœufs & Lake RailroadSupreme Court of Louisiana · 1884
  3. State ex rel. Raymond v. Judge of Civil District CourtSupreme Court of Louisiana · 1889

3Cited by2 opinions

  1. Matthews v. GaublerLouisiana Court of Appeal · 1951
  2. Liuzza v. SimmsSupreme Court of Louisiana · 1923

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