Legal Opinion

Reimers v. Hebert

Louisiana Court of Appeal

Decided May 3, 1927Published

1ConcurrenceLeche, J.

In my opinion plaintiff seeks in this suit to establish a contract creating title to immovable property by parol evidence, and, in the alternative, if he is not permitted to do so, to obtain an award in damages for the violation of the contract. It is obvious that if he can not prove or establish the existence of the contract, neither can he prove that it was violated, for there would then be nothing to violate.

The law is that though title to immovable property may, for fraud, error, etc., be destroyed by parol, it can under no circumstances, not even under charges of fraud, be created by…

Also in this document: Dissent.

2Cases cited6 opinions

  1. Hanby v. Texas Co.Supreme Court of Louisiana · 1916
  2. Hoffmann v. AckermannSupreme Court of Louisiana · 1903
  3. South Arkansas Lumber Co. v. Tremont Lumber Co.Supreme Court of Louisiana · 1919
  4. Kaplan v. WhitworthSupreme Court of Louisiana · 1905
  5. Lyons v. American Cigar Co.Supreme Court of Louisiana · 1908

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