Edgwood Co. v. Falkenhagen
Supreme Court of Louisiana
Appeal from Eighteenth Judicial District Court, Parish of Lafayette; William Campbell, Judge. Action by the Edgwood Company against H. P.' Ealkenhagen. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtSt. Paul, J.
Plaintiff sues for the price of 20 barrels of whisky sold to defendant in December, 1918, which defendant refused to accept. The question is whether the contract remained executory, leaving plaintiff only an action for damages, or did it ripen into an executed contract, so that the whisky became the property of defendant, entitling plaintiff to sue for the price.
I
The agreement was originally for 30 barrels, of which 10 were to be, and were, delivered at once, 10 to be delivered on January 10th, and 10 on January 25, 1919. On January 7th defendant wired plaintiff:
“Hold ten barrels to be…
2Cases cited3 opinions
- State v. ShieldsSupreme Court of Louisiana · 1903
- George D. Witt Shoe Co. v. J. A. Seegars & Co.Supreme Court of Louisiana · 1908
- Julius Kessler & Co. v. ManheinSupreme Court of Louisiana · 1905
3Cited by5 opinions
- Collector of Revenue v. JL Richardson CompanyLouisiana Court of Appeal · 1971
- Fabacher v. United StatesCourt of Appeals for the Fifth Circuit · 1936
- In the Matter of Richard Sim Hoover, Bankrupt. West Publishing Company v. Asa Willis, TrusteeCourt of Appeals for the Fifth Circuit · 1971
- Mississippi State Tax Commission v. Columbia Gulp Transmission Co.Mississippi Supreme Court · 1964
- William M. Gillespie, Sr. v. W. A. Ranson Lumber CompanyCourt of Appeals for the Fifth Circuit · 1956