Williams v. Miller
Supreme Court of Louisiana
APPEAL FROM THE COVET OE THE FIRST JUDICIAL DISTRICT. This is an action on a contract to deliver a quantity of cypress timber, at the saw-mill of the defendants, on certain stipulations and conditions. The plaintiff alleges he delivered fifty trees, containing two hundred and sixty-five cypress logs of ten feet each, and was proceeding to deliver the remainder of one hundred trees, when he was forbidden by the defendants.
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APPEAL FROM THE COVET OE THE FIRST JUDICIAL DISTRICT. This is an action on a contract to deliver a quantity of cypress timber, at the saw-mill of the defendants, on certain stipulations and conditions. The plaintiff alleges he delivered fifty trees, containing two hundred and sixty-five cypress logs of ten feet each, and was proceeding to deliver the remainder of one hundred trees, when he was forbidden by the defendants. That the logs delivered, amounted to four hundred and thirty dollars, according to his agreement, of which the defendant paid him one hundred dollars. He prays judgment for…
1Opinion of the CourtMathews, J.
This suit is brought to recover the value of a certain number of logs sold by the plaintiff to the defendants, for the purpose of being sawed into planks and scantling. Judgment was rendered in the court below for the former, from which the latter appealed.
The contract is clearly established by the evidence of the case, and the defence turns altogether on the warranty'by the seller, of the soundness of the timber by him sold.
It appears that the contract was made for the defendants' by their agent, who was introduced on their part as a witness in the cause. He and the witnesses for the…
2Cited by4 opinions
- Aubry v. ToddLouisiana Court of Appeal · 1951
- Barkley & Co. v. Burguieres Co.Louisiana Court of Appeal · 1927
- Ferguson v. RouseoLouisiana Court of Appeal · 1920
- New Orleans Savings Bank v. HarperSupreme Court of Louisiana · 1845