Schleider v. Dielman
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. King, J. cited: 20 An. 327; 2 La. 161; 10 N. Y. 489; 15 Pick. 351; Marcadé, Yol. VI, p. 176; 15 How. 304. 1. The price of a sale must be fixed by the parties. There is no sale where the fixing of the price is left to one of the parties; or where it is left to a third person, who either will not, or can not, fix the price.
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APPEAL from the Civil District Court for the Parish of Orleans. King, J. cited: 20 An. 327; 2 La. 161; 10 N. Y. 489; 15 Pick. 351; Marcadé, Yol. VI, p. 176; 15 How. 304. 1. The price of a sale must be fixed by the parties. There is no sale where the fixing of the price is left to one of the parties; or where it is left to a third person, who either will not, or can not, fix the price. C. C. 2034, 1764, 2439, 2464,2465; Troplong, vente No. 151, 156, 157; Laurent, Vol. 24, Nos. 73-6; Marcadé, Vol. 6, p. 179; Aubry & Rau,4Vol., p. 338, No. 349; Mourlon, Vol. 3, No. 490; Duranton, Vol. 1G, Nos.…
1Opinion of the Court
The opinion of the court was delivered by
Waticins, J.
This is an action for the recovery of purely prospective damages, alleged to have resulted from the loss of anticipated profits occasioned by the defendants’ non-fulfilment of its contract, whereby its full term was abbreviated by the period of six years and more.
Judgment is claimed against defendants, as liquidators of the Louisiana Brewing Company, for the sum of $97,209.18, on that score, alleging its dissolution and liquidation, and claiming the right to have that sum paid from the assets in their hands.
The plaintiff prayed for and…
2Cases cited25 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Curran v. ArkansasSupreme Court of the United States · 1853
- Bagley v. . SmithNew York Court of Appeals · 1853
- Cates v. L. C. Sparkman & Wise County Coal Co.Texas Supreme Court · 1889
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3Cited by19 opinions
- In re Mullings Clothing Co.Court of Appeals for the Second Circuit · 1916
- Griffith v. Blackwater Boom & Lumber Co.West Virginia Supreme Court · 1899
- Tidwell v. Meyer Bros.Supreme Court of Louisiana · 1926
- Brown v. Producers Oil Co.Supreme Court of Louisiana · 1914
- Prejean v. Delaware-Louisiana Fur-Trapping Co.Court of Appeals for the Fifth Circuit · 1926
14 more not listed; retrieve them via the Exa API.