Ducuy v. Falgoust

On Rehearing

I think that the majority is correct in finding that the deposit of $780 made by *557Mark J. Falgoust was not earnest because it was not given for the purpose of securing to the parties the privilege of withdrawing from the contract under the provisions of Article 2463 of the Civil Code. However, plaintiffs are not seeking the privilege of withdrawing from the contract, but on the contrary are trying to enforce the contract by instituting this suit for specific performance, and therefore I fail to see the relevance of the fact that the deposit was not intended as earnest.

The majority…