Foster Construction Co. v. Wafer

| THIBODEAUX, J.,

concurring in part and dissenting in part.

I agree that Wafer is bound to Foster for expenses totaling $2,262.30. However, I disagree with the majority’s conclusion that Wafer is indebted to Foster for $28,008.50.

The Louisiana Civil Code provides for invalidation of a contract if error affects the cause of the contract. “Cause is the reason why a party obligates himself.” La.Civ.Code art. 1967. Civil Code Article 1949 restates the principles set forth in Articles 1823, 1825 and 1826 of the 1870 Code, and it provides:

Error vitiates consent only when it concerns a cause without…