Legal Opinion

Advanta Auto Finance Corp. v. Sugarland Motor Co.

Court of Appeals for the Fifth Circuit

Decided July 8, 2003No. 02-30395PublishedCited by 1 opinion

1Opinion of the Court

DENNIS, Circuit Judge:

Louisiana law gives a vendor the right to demand dissolution of a sale for nonpayment of the purchase price. In this case, an unpaid vendor sought to dissolve sales of movable property after the original purchaser had resold the movables to a third party in good faith. We hold, under these circumstances, that the vendor’s exercising its right of dissolution could not impair the third party’s rights in the movables. Accordingly, we reverse the district court’s judgment and remand this case for further proceedings.

I. BACKGROUND

Sugarland Motor Company (“Sugarland”) owns and…

2Cases cited9 opinions

  1. Internal Revenue Service v. Taylor (In Re Taylor)Court of Appeals for the Fifth Circuit · 1998
  2. Scott v. CorkernSupreme Court of Louisiana · 1956
  3. Stevenson v. BrownSupreme Court of Louisiana · 1880
  4. LeBlanc v. BernardLouisiana Court of Appeal · 1989
  5. Robertson v. BuoniSupreme Court of Louisiana · 1987

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3Cited by1 opinion

  1. In Re: Argo FinclCourt of Appeals for the Fifth Circuit · 2003

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