Callery v. New Orleans Water Works Co.
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Tissot, J. An injunction may issue to compel the doing of an act as well aa to restrain from doing an. act. 7 An. 443; 14 An. 281 j 2 N. S. 501; 18 An. 242; C. P. 296, 298. In all cases where the obligor is capable of performing the contract, the obligee has his option, either to sue for damages or to enforce the specific performance, and he may sue for damages already due, and for the specific performance in…
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APPEAL from the Civil District Court for the Parish of Orleans. Tissot, J. An injunction may issue to compel the doing of an act as well aa to restrain from doing an. act. 7 An. 443; 14 An. 281 j 2 N. S. 501; 18 An. 242; C. P. 296, 298. In all cases where the obligor is capable of performing the contract, the obligee has his option, either to sue for damages or to enforce the specific performance, and he may sue for damages already due, and for the specific performance in the future. C. 0.1926,1927. Under its Charter the defendant is bound to furnish water to the inhabitants of New Orleans…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
Plaintiff avers that bis business is that of “ watering and sprinkling certain streets in this city, for which he is paid a compensation by residents on such streets; ” that he can carry on his business" only with the use of the water, distributed throughout the city by defendant Company through its pipes; and “ that be made a contract with the said Company, through its then president, E. Toby, Esq., in or about the month of April, 1882, for the use of such water as he might use in said business, to be taken from the plugs of said Company, at…
2Cited by2 opinions
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