Baldwin v. Morey
Supreme Court of Louisiana
APPEAL from tho Nineteenth District Court, Parish of fit. Mary. Oooñe,, J. A contract, beginning with the words, “ sold this day,” declaring that tlie alleged purchaser shall pay tlxe instalments of the price at fixed periods, with, interest, and stipulating that “ when done, Baldwin, or his heirs, will give a good deed,” is not a sale, translating a title, but is a promise to sell, under which the title remains in the promissor.
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APPEAL from tho Nineteenth District Court, Parish of fit. Mary. Oooñe,, J. A contract, beginning with the words, “ sold this day,” declaring that tlie alleged purchaser shall pay tlxe instalments of the price at fixed periods, with, interest, and stipulating that “ when done, Baldwin, or his heirs, will give a good deed,” is not a sale, translating a title, but is a promise to sell, under which the title remains in the promissor. Thompson vs. Duson, 5th Southern Reporter, p. 58 ; 34 Ann. 677; 13 Ann, 361; 15 Ann. 483. Such a contract, being commutative, the dissolving condition is implied in…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
Plaintiff, alleging non-compliance with, his obligations on the part of defendant, sues for the rescission of the following contract entered into on the 14th of February, 1878 :
“ Sold this day, to A. C. Morey, all the land included in the sugar-house lot on the Fuselier place, together with the sugar-mill and all the appurtenances, for the sum of $6,000; also all my unsold land on the Fuselier place, except swamp land, for $30 an acre. The $6,000 for the sugar-house and the $30 an acre for the land is to be paid Baldwin or his heirs, in 5…
2Cited by18 opinions
- Barber Asphalt Paving Co. v. St. Louis Cypress Co.Supreme Court of Louisiana · 1908
- Ober v. WilliamsSupreme Court of Louisiana · 1948
- Trichel v. Home Ins.Supreme Court of Louisiana · 1924
- Parks v. Classen Co.Supreme Court of Oklahoma · 1932
- Davis v. McCainSupreme Court of Louisiana · 1931
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