Adler v. Wolff
Supreme Court of Louisiana
A PPEAL from the Civil District Court for the Parish of Orleans. Laewus, J. A sale made subject to a condition which has not happened is not complete and cannot be enforced. C. 0. 2457, 2025; 1 Domat sec. 8, p. 213. When goods and produce are sold by weight, tale or measure, the sale is not complete until the things sold are weighed, counted or measured.
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A PPEAL from the Civil District Court for the Parish of Orleans. Laewus, J. A sale made subject to a condition which has not happened is not complete and cannot be enforced. C. 0. 2457, 2025; 1 Domat sec. 8, p. 213. When goods and produce are sold by weight, tale or measure, the sale is not complete until the things sold are weighed, counted or measured. C. C. 2458; Campbell vs. Penn, 7 A. 371; 12 K. 53 ; 15 A. 438; 17 A. 146; 21 A. 414; 1 Domat, sec. 7, p. 221. An agreement to sell is only so far a sale as to give either party a right to claim, recta via, the delivery of the thing sold, or…
1Opinion of the Court
The. opinion of the Court was delivered by
Bermudez, C. J.
This is an action to recover with lien and privilege the unpaid price at which a number of bales of cotton was sold.
The main averments are that the commodity was sold to a party whose broker, to whom an order on the press had been delivered, subsequently sold it to one who afterwards pledged it to secure money advances to him; that the first sale was completed only when the cotton was inspected and weighed, and that the suit, for the price of sale having been brought and the cotton sequestered within the proper time, the plaintiffs must…
2Cited by8 opinions
- Chopin v. FreemanSupreme Court of Louisiana · 1919
- Canada v. Frost Lumber IndustriesLouisiana Court of Appeal · 1942
- Commercial Nat. Bank v. HendersonLouisiana Court of Appeal · 1937
- Milliken & Farwell v. Taft Mercantile Co.Louisiana Court of Appeal · 1927
- Northwestern Bottle Co. v. RosenLouisiana Court of Appeal · 1927
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