Arbuthnot v. Big Pine Lumber Co.
Supreme Court of Louisiana
Appeal from Thirteenth Judicial District Court, Parish of Grant; W. F. Blackman, Judge. Petitory action by the Big Pine Lumber Company, Limited-, against C. L. Arbuthnot, and action by O. L. Arbuthnot against the Big Pine Lumber Company, Limited. S. G. Hester was cited as defendant’s warrantor. The actions were consolidated. From judgment for plaintiff and for defendant against his warrantor, an appeal is taken.
1Opinion
On Application for Rehearing.
2Per curiam
[3] The contention of the warrantor that the Big Pine Lumber Company forfeited its title to the timber in dispute, because said company failed to remove the same within the time stipulated in the deed of purchase, is without merit. The nonperformance of a resolutory condition within the time stipulated does not ipso facto work a dissolution of the contract, but the dissolution must be sued for, and further time may be allowed. Civil Code, art. 2047; Turner v. Collins, 2 Mart. (N. S.) 607; Chalon v. Walker, 7 La. Ann. 477; Perkins v. Frazer, 107 La. 393, 31 South.…
3Cases cited2 opinions
- Perkins v. Frazer & NasonSupreme Court of Louisiana · 1901
- Chalon v. WalkerSupreme Court of Louisiana · 1852