Flash, Preston & Co. v. American Glucose Co.
Supreme Court of Louisiana
\ PPEAL from tlie Civil District Court for the Parish of Orleans-.PA Rightor, J. When a contract is made verbally and partially executed, the acceptance of a writing wliicb incorporates its terms erroneously does not prevent oral testimony of the true terms..
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\ PPEAL from tlie Civil District Court for the Parish of Orleans-.PA Rightor, J. When a contract is made verbally and partially executed, the acceptance of a writing wliicb incorporates its terms erroneously does not prevent oral testimony of the true terms.. U1 Mass. 45; 45 H. T. 712. 1. The sale is considered perfect between the parties as soon as there exists an agreement-for the object and the price thereof, although the object has not yet been delivered, nor the price paid. C. 0. 2456. The place of delivery is presumed to be where the goods happen to be at time of sale. C. C. 2484 ;…
1Opinion of the Court
The opinion of tbe Court was delivered by
Poché, J.
This suit grows out of a contract of sale entered into by the parties hereto, on the 3d of March, 1883, the main issue of which is predicated on the following salient facts :
Plaintiffs agreed to purchase from the defendant’s predecessor, 1500 barrels of glucose syrup, to be delivered in New Orleans in equal instalments of 500 barrels a month in each of the months of April, May and June, 1883.
During April and May shipments were made aggregating 850 barrels, ■which arrived in apparent good order and were received and stored by plaintiffs.
After…
2Cited by4 opinions
- Redman v. MurrelSupreme Court of Louisiana · 1906
- E. R. Godfrey & Sons Co. v. Odenwald & SonLouisiana Court of Appeal · 1928
- Hamill v. MooreSupreme Court of Louisiana · 1939
- Vegetable Exchange of Louisiana v. CocoLouisiana Court of Appeal · 1945