Morrison v. Mioton

Plaintiff brought this suit to enforce specific performance of an agreement of sale of certain real estate situated in the city of New Orleans. Defendants filed an exception of no cause of action, which was maintained, and plaintiff appealed.

The agreement in question resulted from an offer of purchase made by plaintiff to S. Blasini, a real estate agent of the city of New Orleans, as agent of defendants. The consideration stipulated in the offer was $9,000 to be paid in cash, “subject to homestead loan to be granted by Orleans Homestead Association.” The proposer agreed that, as soon as the…