Templeman v. Hamilton & Co.
Supreme Court of Louisiana
A PPE AL from the First District Court, Parish of Caddo. Taylor, J. Where the sum of money paid and promised for property is given with some other thing of much less value the contract is a sale. It is not an exchange or a giving in payment. Sue. Rur* niss, 34 Ann. 1015; Ward vs. Levy, 32 Ann. 786; Jenkins va. Caddo, 7 Ann. 559. Yendor transferred a judgment in solido versus four persons—one proved he was not bound.
Read the full summary
A PPE AL from the First District Court, Parish of Caddo. Taylor, J. Where the sum of money paid and promised for property is given with some other thing of much less value the contract is a sale. It is not an exchange or a giving in payment. Sue. Rur* niss, 34 Ann. 1015; Ward vs. Levy, 32 Ann. 786; Jenkins va. Caddo, 7 Ann. 559. Yendor transferred a judgment in solido versus four persons—one proved he was not bound. A suit in warranty was sustained for a partial eviction one-fourth. 2 Ann. 880. He who sells a debtor in corporal right without recourse warrants its existence. If vendee is…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
The following are the pertinent facts:
On August 9, 1872, Templeman, who was half-owner with Hamilton & Co. of an oil mill and lots on which it was located in Shreveport, sold his said interest to the latter for $35,000. As part of the price, Hamilton & Co. transferred to Templeman two notes of Gilmer for $9970 11, running to maturity and secured by a mortgage on a plantation of Gilmer in Bossier parish comprising 1623 acres of land. In connection with the act of sale, and for the purpose of giving Temple-man an authentic title, Hamilton & Co.…
2Cited by8 opinions
- Cook v. LemoineSupreme Court of Louisiana · 1934
- Bruning v. City of New OrleansSupreme Court of Louisiana · 1908
- Citizens Bank & Trust Co. v. CookLouisiana Court of Appeal · 1928
- Hinkle v. City of West MonroeSupreme Court of Louisiana · 1941
- Lemoine v. City of ShreveportSupreme Court of Louisiana · 1936
3 more not listed; retrieve them via the Exa API.