Gibson v. Dooley
Supreme Court of Louisiana
ÁPPEÁL from the First Judicial District Court, parish of Caddo. Taylor, J. First — “ The compromise fell the moment the obligor refused to perform the conditions.” 23 A. 712, Barrett vs. Hord. Second — The defendant cannot be permitted to enjoy the fruits of the compromise, and al the same time repudiate the corresponding obligations imposed on him by it. 23 A. 784, Stewart vs. Haas.
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ÁPPEÁL from the First Judicial District Court, parish of Caddo. Taylor, J. First — “ The compromise fell the moment the obligor refused to perform the conditions.” 23 A. 712, Barrett vs. Hord. Second — The defendant cannot be permitted to enjoy the fruits of the compromise, and al the same time repudiate the corresponding obligations imposed on him by it. 23 A. 784, Stewart vs. Haas. Third — Aleatory contracts are contracts generally as to a hazard, and not binding until performed by each party, and cannot be plead without proof of consummation by each, and may be attacked or explained in any…
1Opinion of the Court
The opinion of the Court was delivered by
Levy, J.
This suit was brought in the Parish Court of Caddo by the heirs (brothers and sisters) of C. W. Gibson, deceased, for the purpose of annulling the will of said Gibson. The petition was filed in said parish court on the 3rd of December, 1879, and its prayer, after that for citation etc., is as follows : “ And on final hearing of this case they pray that the said will of C. W. Gibson, deceased, and the probate of the same, be annulled, set aside and vacated, and be declared of no *960effect as to petitioners, or to any portion of the immovable…
2Cases cited1 opinion
- Volkenand v. DrumSupreme Court of Pennsylvania · 1893
3Cited by4 opinions
- Ellis v. DavisSupreme Court of the United States · 1883
- Succession of LannesSupreme Court of Louisiana · 1936
- Succession of DupreSupreme Court of Louisiana · 1951
- Succession of DupreSupreme Court of Louisiana · 1951