Miller v. Douville & Gallagher
Supreme Court of Louisiana
PPEAL from the Oivil District Court for the Parish of Orleans. Bightor, J. 1. A written promise to sell amounts to a sale when there exists reciprocal consent as to the thing and price.
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PPEAL from the Oivil District Court for the Parish of Orleans. Bightor, J. 1. A written promise to sell amounts to a sale when there exists reciprocal consent as to the thing and price. O. O. 2462; 12 11. 474; 11B. 349; 5 An. 666; 6 An. 26; 7 An. 71; 10 An. 162; C. N. 1589; 34 An. 677; 15 An. 583; 2S An. 34. 2. A written promise to sell real property is valid and may be enforced although not signed by the obligee, and consent may be shown aliunde. 2 La. 491; 11M. 217; 3 N. S. 583; 8 L. 207; 11 La. 247. 3. A conditional promise to sell real property gives no title, but simply, when the…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
Plaintiff sued the defendants to recover the sum of $10,700, and alleges that in April, 1891, he entered into negotiations. with the defendants for the purchase from them of an undivided one-half interest in 14,800 acres of land in Mississippi, known as Kiel-lands; that said negotiations resulted in an offer made by defendants • to petitioner on the 28th day of April, 1891, of the one-half interest for $7800, upon the condition that he should at once examine the • lands and be satisfied with them; that this proposal was accepted and…
2Cases cited1 opinion
- Minneapolis & St. Louis Railway v. Columbus Rolling MillSupreme Court of the United States · 1886
3Cited by6 opinions
- Iberia, St. M. & E. R. Co. v. Morgan's L. & T. R. & S. S. Co.Supreme Court of Louisiana · 1911
- Alley v. New Homes Promotion, Inc.Louisiana Court of Appeal · 1971
- Zeller v. WebreLouisiana Court of Appeal · 2009
- Milliman v. PetermanLouisiana Court of Appeal · 1988
- Wagenvoord Broad. Co. v. Canal Auto. Transm. Serv.Louisiana Court of Appeal · 1965
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