Boyer v. Amet
Supreme Court of Louisiana
APPEAL from the Twelfth District Court, Parish of Avoyelles. Ooco, J. 1. A private writing containing neither description nor price, and being coupled with condi' tions to bo performed, is not, as to others than the pretended vendor and vendee, a transfer of immovable property. 10 Ann. 613; 37 Ann. 751; It. C. C. Art. 1764, Sec. 1; 21 Ann. 196; 23 Ann. 699; 24 Ann. 85; 27 Ann. 529; 13 Ann. 361; 28 Ann. 725; 30 Ann. 1117; 34 Ann. 077 ; 5 South.
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APPEAL from the Twelfth District Court, Parish of Avoyelles. Ooco, J. 1. A private writing containing neither description nor price, and being coupled with condi' tions to bo performed, is not, as to others than the pretended vendor and vendee, a transfer of immovable property. 10 Ann. 613; 37 Ann. 751; It. C. C. Art. 1764, Sec. 1; 21 Ann. 196; 23 Ann. 699; 24 Ann. 85; 27 Ann. 529; 13 Ann. 361; 28 Ann. 725; 30 Ann. 1117; 34 Ann. 077 ; 5 South. Hep. 58. 2. A purchaser "with, express stipulation of warranty, can upon eviction recover from his vendor, though at the time of buying ho was aware…
1Opinion of the Court
The opinion of the court was delivered by
Poché, J.
Defendant appeals from a judgment which condemned her to restore to plaintiff the sum of $3200 as the purchase price of a tract of land which she had sold to him in December, 1885, and from which he had been evicted under the effect of a judgment rendered by this court in the case entitled J. A. Boyer vs. L. A. Joffrion, sheriff et ah, reported in the Thirty-eighth Annual Reports, p. 657; and by which she was also condemned to refund to plaintiff the additional sum of $277 05 for costs and other expenses incurred hy him in said litigation,…
2Cases cited1 opinion
- Reitenbach v. ReitenbachSupreme Court of Pennsylvania · 1828
3Cited by7 opinions
- Bonvillain v. BodenheimerSupreme Court of Louisiana · 1906
- Whitten v. MonikhouseLouisiana Court of Appeal · 1947
- Crowell & Spencer Lumber Co. v. HawkinsSupreme Court of Louisiana · 1938
- Voss v. RoachLouisiana Court of Appeal · 1948
- Miller v. PattersonLouisiana Court of Appeal · 1970
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