Allen, Bush & West v. Steers
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Lazarus, J. Factors and commission merchants are entrusted with the possession and control of cotton consigned to them for sale, and have a speecial property in said cotton, and are treated as onwers in contracts made by them with third persons.
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APPEAL from the Civil District Court for the Parish of Orleans. Lazarus, J. Factors and commission merchants are entrusted with the possession and control of cotton consigned to them for sale, and have a speecial property in said cotton, and are treated as onwers in contracts made by them with third persons. Russell vs. Factors, 252-6, 234; Story on Agency, Sections lli, 1J2 and 401; Cowper’s Report, 254; llAdol. &. Ellis, 549 ; Smith on Mercantile Law, p. 77; Paley on Principal and Agent, p. 13. In contracts made with third persons, there is no privity between their patrons and such third…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is a suit in damages for breach of contract to store cotton, during a certain period, at a stated rate per bale.
*587The injury sustained is fixed at 8 ceiU‘' per bale — the difference between the rate agreed upon (42) and 'ilrát actually paid (50) on 31,401 bales.
The defense is a general denial; but specially, that the plaintiffs have no interest at stake; that there was no contract entered into; that, in any event, defendant was not hi default; that, even then, the damages claimed were not in the contemplation of the parties at the…
2Cited by7 opinions
- Watson v. FeibelSupreme Court of Louisiana · 1916
- New Iberia Sugar Co. v. LagardeSupreme Court of Louisiana · 1912
- Burk Development Company, Inc. v. GuilloryLouisiana Court of Appeal · 1976
- Greater New Orleans Homestead Ass'n v. HarveyLouisiana Court of Appeal · 1935
- Woolie v. Carson Carbon Co.Supreme Court of Louisiana · 1933
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