Oxnard v. Locke
Supreme Court of Louisiana
ArPEAL FROM THE COURT OR THE FIRST JUDICIAL DISTRCT, JUDGE BUCHANAN PRESIDING. This is an action to compel the defendants, who were joint purchasers at an auction sale, to comply with the terms and pay the price. .The defendants resisted under several pretexts which are stated in the opinion of this court. The plaintiff had judgment in solido, against them for the price, in case of failure- to comply with the terms of sale, 1 1 1 J &c. They appealed.
1Opinion of the CourtRost, J.
The plaintiff seeks to compel the defendants to comply with the adjudication of a sale of real estate, and prays that in default thereof they may be adjudged to pay him in solido, the amount of the adjudication, to wit, four thousand dollars with interest and costs.
The defendants resist the plaintiff’s demand on the following grounds:
I. That the sale at auction was informal and void.
II. That they are released from the obligations of taking the property and paying the price, by the delay, negligence and refusal of the plaintiff to comply with his part of the contract, and make a title.
III.…
2Cited by2 opinions
- Heirs of Burney v. LudelingSupreme Court of Louisiana · 1895
- Taylor v. LoebLouisiana Court of Appeal · 1930