Garcia v. Champomier
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action claiming damages of the defendants, in the sum of three thousand five hundred dollars, for the non-fulfilment of a contract to deliver one thousand barrels of flour, at four dollars fifty cents per barrel, to the plaintiffs.
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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action claiming damages of the defendants, in the sum of three thousand five hundred dollars, for the non-fulfilment of a contract to deliver one thousand barrels of flour, at four dollars fifty cents per barrel, to the plaintiffs. The plaintiffs allege that they contracted with the defendants, for the delivery to them on the 29th of June, 1834, in New-Orleans, of one thousand barrels of flour, at four dollars fifty cents per barrel; that they demanded the performance of the contract on the day appointed, but that the defendants…
1Opinion of the CourtMathews, J.
this cage piaixitifís claim damages for the inexe-cution of a contract, by which the defendants agreed to deliver to them one thousand barrels of flour for the price of four dollars and fifty cents per barrel, the price to be paid at the time of delivery, &c. The court below gave judgment for the plaintiffs and assessed their damages at two thousand eight hundred and eighty-seven dollars and fifty cents, from which the defendants appealed.
The contract is positive and explicit, and the appellants refused to fulfil the obligations imposed on them by it, within the period stipulated, although…
2Cited by2 opinions
- Marchesseau v. ChaffeeSupreme Court of Louisiana · 1849
- Green v. FonbeneSupreme Court of Louisiana · 1847