Barrilleaux v. Hero Lands Co.

REDMANN, Judge.

In 1942 plaintiffs Mr. and Mrs. Lawrence J. Prejeant entered into a contract, claimed to be a bond for deed, to purchase from defendant Hero Lands Company an 11-acre tract of land. Plaintiffs now appeal from a judgment dismissing their suit to reform a 1955 act of sale to delete an exclusion of 3.67 acres of the tract.

The principal defense is that the 1955 sale was a compromise, the Prejeants having been in default on their 1942 contract payment obligations.

Independent Towing Company, Inc., which had purchased the land (by description containing the exclusion) from the…