Gilly v. Henry
Supreme Court of Louisiana
Appeal from the court of the parish and and city of New-Orleans. The petition alleged that the plaintiffs sold the defendant, one hundred barrels of flour, half fine and half superfine, at 13 dollars per barrel, then lying in their warehouse ; that in order to accomodate him, they agreed to suffer the flour to remain there for a few weeks, and he promised to pay a part of the price in a few days after the sale (May 21, 1817) and the residue at, or before, the removal, which…
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Appeal from the court of the parish and and city of New-Orleans. The petition alleged that the plaintiffs sold the defendant, one hundred barrels of flour, half fine and half superfine, at 13 dollars per barrel, then lying in their warehouse ; that in order to accomodate him, they agreed to suffer the flour to remain there for a few weeks, and he promised to pay a part of the price in a few days after the sale (May 21, 1817) and the residue at, or before, the removal, which he promised to effect within weeks ; that they frequently applied to him to remove the flour, which he as often promised…
1Opinion of the CourtMartin, J.
The question of fact appears to us to have been correctly decided in the parish court. The plaintiffs have clearly shewn, by the testimony of Dutillet, and that of M‘Clellan, that they sold one hundred barrels of flour to the defendant ; and that flour of the quality sold was then worth 13 dollars per barrel. The defendant, on recceiving the plaintiffs’ note, by the hands of Dutillet, in which 650 dollars were demanded, as a part of the price of the 400 *417barrel's of flour sold, but not yet delivered, to have excused himself, and promised payment in the course of the week then following. This…
2Cited by1 opinion
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