Bergamini v. Bastian
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Mom-oe, J. “ The obligation of contracts extends not only to what is expressly stipulated, but also to everything that, by equity, custom or law, is considered as incidental to the particular contract, or necessary to carry it into effect.”
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APPEAL from the Civil District Court for the Parish of Orleans. Mom-oe, J. “ The obligation of contracts extends not only to what is expressly stipulated, but also to everything that, by equity, custom or law, is considered as incidental to the particular contract, or necessary to carry it into effect.” C. C. 1903,1901, 1943, 1963,1964, 1963, 2343. Warranty respecting the buyer’s peaceable possession of the good-will sold is of the nature of contract in the Civil Law of sale. And where the same is both implied and express, the vendor is obliged to maintain and keep the vendee in possession of…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
This is an action for damages for the alleged violation, of warranty by the vendor of an eating-house, together with the goodwill thereof, and grows out of the following facts taken from the record:
*62Ou the 17th of Jane, 1881, the defendant, Bastían, sold by notarial aot, for fifteen hundred dollars cash, to plaintiff, Bergamini, a “ coffee and pastry establishment” situated at No. 21 Boyal street, in this city, together with its contents and appurtenances, and “ together with the good-will thereof;” and the purchaser, being placed in immediate…
2Cited by13 opinions
- Brown v. BenzingerCourt of Appeals of Maryland · 1912
- Barrera v. CiolinoSupreme Court of Louisiana · 1994
- Eugene Dietzgen Co. v. KokoskySupreme Court of Louisiana · 1904
- Hirsh v. MillerSupreme Court of Louisiana · 1966
- Rossing v. State BankSupreme Court of Iowa · 1917
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