Rice v. Rice
Supreme Court of Louisiana
APPEAL from the Oivil District Court, Parish of Orleans. . Theard, J. The right to a specific performance of a contract rests in the option of the obligee. C. C. 1926, 1927. An advantage stipulated for a third person is a sufficient considera-tion for a contract. 1 An. 280; 0. C. of 1884; 0. P. 85. An action does not lie to enforce a specific performance of an agree-ment to lend money, or to make a gift.
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APPEAL from the Oivil District Court, Parish of Orleans. . Theard, J. The right to a specific performance of a contract rests in the option of the obligee. C. C. 1926, 1927. An advantage stipulated for a third person is a sufficient considera-tion for a contract. 1 An. 280; 0. C. of 1884; 0. P. 85. An action does not lie to enforce a specific performance of an agree-ment to lend money, or to make a gift. An objection may be made to evidence that it is inadmissible, because it could not afford the relief asked if admitted, and if proving to its full extent the plaintiff’s allegations.
1Opinion of the Court
The opinion of the court was delivered by
Miller, J.
- This is an appeal by plaintiff from the judgment. of the lower court dismissing the suit against the defendant, his mother.
The basis for the demand is supposed to be furnished by a paper-executed by the plaintiff before a notary, acknowledging the receipt by plaintiff of three thousand five hundred dollars from the succession of his father, and the promise of the defendant, in consideration of that paper, to lend plaintiff twenty-five hundred dollars for two years without interest. The cause of action is, however, amplified by the…
2Cited by3 opinions
- Gauche v. Metropolitan Bldg. Co.Supreme Court of Louisiana · 1910
- Blackshear v. SandiferLouisiana Court of Appeal · 1931
- Mente & Co. v. Roane Sugars, Inc.Supreme Court of Louisiana · 1942