Pew v. Livaudais
Supreme Court of Louisiana
APPEAL FROM TIIE COURT OP THE FIRST DISTRICT. This was a suit to compel the defendant to pass the sale of two lots of ground, purchased by the plaintiff at public auction. The defendant pleaded the general issue, and under it showed that the auctioneer in making the sale, had deviated from his instructions, which were given in writing by the defendant.
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APPEAL FROM TIIE COURT OP THE FIRST DISTRICT. This was a suit to compel the defendant to pass the sale of two lots of ground, purchased by the plaintiff at public auction. The defendant pleaded the general issue, and under it showed that the auctioneer in making the sale, had deviated from his instructions, which were given in writing by the defendant. The court a qua was of opinion that any duration in the instructions was a matter between the auctioneer and defendant, with which the plaintiff had nothing to do.. From a judgment in favor of the plaintiff) the defendant appealed-.
1Opinion of the CourtMartin, J.
The object of this suit is to compel the defendant to execute a conveyance to the plaintiff) for two lots of ground adjudicated to him by an auctioneer, whom she had employed to sell them. On the plea of the general issue, there was judgment against her, and she appealed.
Her defence is, that the auctioneer sold the lots at a price below that which she had instructed him to insist on; and the plaintiff contends the instructions were altered before the sale, which was made according to the alteration.
It appears, the instructions were given in writing, but the auctioneer (whose deposition was…
2Cited by6 opinions
- Resweber v. JacobLouisiana Court of Appeal · 1960
- Freret v. MeuxSupreme Court of Louisiana · 1845
- First Nat. Bank v. Powell Bros. & Sanders Co.Supreme Court of Louisiana · 1911
- Macarty v. New Orleans Canal & Banking Co.Supreme Court of Louisiana · 1844
- Silverstein v. KoppelSupreme Court of Louisiana · 1928
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