Legal Opinion

Templeman Bros. Lumber Co. v. Fairbanks, Morse & Co.

Supreme Court of Louisiana

Decided April 24, 1911No. 18,253PublishedCited by 26 opinions

Appeal from Civil District Court, Parish of Orleans; Fred D. King, Judge. Action by the Templeman Bros. Lumber Company, Incorporated, against Fairbanks, Morse & Co. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtProvosty, J.

This is a suit- in rescission of contract and in damages.

The plaintiff, Templeman Bros. Lumber Company of New Orleans, entered into a contract with the defendant, Fairbanks, Morse & Co. (Incorporated), of Chicago, 111., on October 4, 1906, for the sale of a gas engine and its erection at the plant of the plaintiff in New Orleans, at an agreed price of $3,110, payable $1,000 cash, $500 upon shipment, and $1,600 in three equal payments at 6, 9, and 12 months from date of contract, for which the plaintiff company gave its notes.

The contract - provided that the engine should produce 45 horse…

2Cases cited2 opinions

  1. Johnson v. Marx Levy & Bro.Supreme Court of Louisiana · 1902
  2. DeLambre v. WilliamsSupreme Court of Louisiana · 1884

3Cited by26 opinions

  1. Moreno's, Inc. v. LAKE CHARLES CATHOLIC HIGH SCHS., INC.Supreme Court of Louisiana · 1975
  2. Tuminello v. MawbySupreme Court of Louisiana · 1952
  3. Victoria St. Pierre Lartigue v. R. J. Reynolds Tobacco Company and Liggett and Myers Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1963
  4. Johnson v. HunterLouisiana Court of Appeal · 1956
  5. Standard Motor Co. v. St. AmantLouisiana Court of Appeal · 1931

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