Ware v. Berlin
Supreme Court of Louisiana
APPEAL from the Twelfth District Court Parish of Avoyelles. Coco, J. 1. The right to have a sale dissolved for nonpayment of the purchase price is one given to the seller by the textual provisions of the Code, Articles 2045, 2046, 2561. 2. Where the purchaser of immovable property who has not been evicted tliere- . from makes no offer to return the same, he can not both keep the land and refuse to pay the price. 26 An. 709 8. When the price of property is payable in…
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APPEAL from the Twelfth District Court Parish of Avoyelles. Coco, J. 1. The right to have a sale dissolved for nonpayment of the purchase price is one given to the seller by the textual provisions of the Code, Articles 2045, 2046, 2561. 2. Where the purchaser of immovable property who has not been evicted tliere- . from makes no offer to return the same, he can not both keep the land and refuse to pay the price. 26 An. 709 8. When the price of property is payable in instalments the vendor may sue for the rescission of the sale at once upon the failure of the vendee to pay the first…
1Opinion of the Court
The opinion of the court was delivered by
McEneby, J.
The plaintiff sold to the defendant two pieces.of property situated in the Parish of Avoyelles; the first comprised thirty acres of improved land with a dwelling house, warehouse and out-buildings thereon', located on the bank of Red River; the other a rail or tramway, running from the river to Marksville, together with the cars, mules and other equipments to operate the road. The price was $5400 represented by 180 notes of $30 each maturing monthly and secured by mortgage on the property with 8 per cent, interest from date.
The defendant…
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