Rowe v. Hall
Supreme Court of Louisiana
Appeal from the court of the third district, the judge of the eighth presiding. The petition set forth that the plaintiff sold to the defendant a slave, in consideration that the latter would take up and deliver to plaintiff his note of hand in favor of one Hughy, for six hundred dollars. It was proved upon the trial that the defendant failed to take up the note.
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Appeal from the court of the third district, the judge of the eighth presiding. The petition set forth that the plaintiff sold to the defendant a slave, in consideration that the latter would take up and deliver to plaintiff his note of hand in favor of one Hughy, for six hundred dollars. It was proved upon the trial that the defendant failed to take up the note. The written agreement introduced in evidence, wasa mortgage from thedefendant to the plaintiff for a slave, which was to be discharged upon the delivery to the plaintiff of Hughy’s note, or the slave was to be delivered to the…
1Opinion of the CourtPorter, J.
This case commenced by attachment. The petition alleges a contract to have been entered into between the plaintiff and defendant, andby the failure of the latter to comply with if, he owed the sum of six hundred *98dollars, for which judgment is prayed against , ■ , & him, with interest, damages and costs.
It does not follow as a consequence from a party failing to comply with his engagement, that he owes a debt. He is responsible in damages for the non-execution of his engagements, and these damages are only due after he has been put in delay.
rp^e judge was of opinion the plaintiff had not made…
2Cited by3 opinions
- McMaster v. BranderSupreme Court of Louisiana · 1842
- Calumet Baking Powder Co. v. FazendeLouisiana Court of Appeal · 1906
- Martin v. GallagherLouisiana Court of Appeal · 1905