Doll v. R. P. Farnsworth & Co., Inc.

I concur in the decree. The question is not whether his assent to the continuance of operations by the City of New Orleans on the property constituted an intention on Doll’s part to waive his claim, for I believe he had no claim to waive.

From Doll’s permission to the progress of the work pending the formal act of sale, there flowed in favor of t'he city an extra-codal servitude for public purposes on the property. It would not lie in Doll’s mouth to say that the city owed him for the use of the lot, and as a corollary, I cannot understand how he had any claim against the contractor, who…