Legal Opinion
Howard L. Makofsky, Jr. v. Raymond C. Cunningham, II
Court of Appeals for the Fifth Circuit
Decided July 24, 1978No. 76-3499PublishedCited by 60 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
Turning our federal robes into Louisiana garments in this multi-issued case arising out of a contract to sell Louisiana land and brought to a federal forum solely because of diversity, we conclude that title to the property was merchantable, the buyer was not justified in his refusal to perform the contract and therefore forfeited his deposit, and, on a companion tort claim, that the seller did not defame the buyer. Good faith in the performance of obligations is an integral part of the fabric of Louisiana’s law of obligations 1 and consid eration of this duty,…
2Cases cited86 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Boston Sand and Gravel Co. v. United StatesSupreme Court of the United States · 1928
- Dingley v. OlerSupreme Court of the United States · 1886
- Madison v. BoltonSupreme Court of Louisiana · 1958
81 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Cangelosi v. SCHWEGMANN BROS., ETC.Supreme Court of Louisiana · 1980
- Chevron U.S.A., Inc., Cross-Appellant v. Traillour Oil Company v. Earl Harvey Archer, Iii, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1993
- Brannan v. Wyeth Laboratories, Inc.Supreme Court of Louisiana · 1988
- Arceneaux v. Amstar Corp.Supreme Court of Louisiana · 2011
- Texas Eastern Transmission Corp. v. Amerada Hess Corp.Court of Appeals for the Fifth Circuit · 1998
55 more not listed; retrieve them via the Exa API.