Levi v. M. Schwartz & Bro.
Supreme Court of Louisiana
APPEAL from the Fifth District Court for the Parish of Orleans. Hogers, J. 1. Where the violation of a contract is active or positive, no putting iu default is requisite as a condition precedent to the recovery of damages for the breach of contract.
Read the full summary
APPEAL from the Fifth District Court for the Parish of Orleans. Hogers, J. 1. Where the violation of a contract is active or positive, no putting iu default is requisite as a condition precedent to the recovery of damages for the breach of contract. Erwin vs. Eenwiclr, 6 N- S. 233; Haughery vs Tliiberg, 24 An. 442; Taylor vs. Chase, 18 L 90; Davis vs. Glenn, 3 An. 444; Leeds vs. Passman, 17 An. 32; Coneryvs Noyes, 17 An. 201. 2. Where a party to a contract performs his part of it unskilfully and in such manner as to cause damage to the other party, this is an active violation of the contract,…
1Opinion of the Court
The opinion of the Conrt was delivered by
Fenner, J.
This action is based upon a contract entered into between plaintiff and defendants, on August 26th, 1876, the essential terms and conditions of which are the following:
The defendants bound and obligated themselves to build and erect, on brick foundations, for plaintiff, in the main yard of the Natchez Cotton Press, in this city, a 73 inch cylinder “ Tyler Press,” according to certain specifications, and of certain quality of materials and workmanship, named in the contract, the same to be constructed “ to the entire satisfaction of said Levi…
2Cases cited5 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Benjamin v. HillardSupreme Court of the United States · 1860
- Morton v. PollardSupreme Court of Louisiana · 1836
- Lobdell v. ParkerSupreme Court of Louisiana · 1832
- Stewart v. FultonSupreme Court of Missouri · 1860