Ducuy v. Falgoust

On Rehearing

FOURNET, Chief Justice.

When this case was before us on original hearing, we reversed the judgment of the lower court ordering the defendant to specifically perform his offer (duly accepted) to purchase property belonging to the plaintiffs in accordance with the contract; dismissed the intervention of Zor, Inc.; and, under the decision of this court in Johnson v. Johnson, 213 La. 1092, 36 So.2d 396, and the authorities therein cited- — holding to the effect that unless a party arbitrarily refused to comply with such an agreement he is not liable for the stipulated damages — we…