Terrebonne v. Cheramie
Supreme Court of Louisiana
An instrument, acknowledging the receipt of $100 on account on house and land sold for $500, was not such a contract as amounts to a sale, but only a promise to sell and receipt for earnest money, from which the promisor could recede on payment of twice the amount of the earnest money under Civ. Code, arts. 2462, 2463. Suit by Dominic Terrebonne against Herve Cheramie.
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An instrument, acknowledging the receipt of $100 on account on house and land sold for $500, was not such a contract as amounts to a sale, but only a promise to sell and receipt for earnest money, from which the promisor could recede on payment of twice the amount of the earnest money under Civ. Code, arts. 2462, 2463. Suit by Dominic Terrebonne against Herve Cheramie. From a¡ judgment for defendant, plaintiff appealed to the Court of Appeal, which applied to the Supreme Court for instructions.
1Opinion of the CourtO’Niell, J.
The Court of Appeal for the First Circuit has applied for instructions, as to the force and effect of the following receipt, issued by defendant to plaintiff, when the latter paid the former $100, viz.:
Cut Off P. O., La., 11/3, 1919. Received the sum of $100.00, one hundred dollars, paid on account on house and land and everything thereto attached, sold for the sum of $500.00. Delivery Mar. 1, 1920. To Dominic Terrebonne. [Signed] Herve Cheramie. Witnesses: [Signed] Louis Gaidrai. Herbert Terrebonne.
Plaintiff, Dominic Terrebonne, tendered $400 to defendant, Herve Cheramie, on the 1st of…
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