Legal Opinion

Baham v. Bach

Supreme Court of Louisiana

Decided April 15, 1839PublishedCited by 6 opinions

APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE WATTS PRESIDING. The plaintiff sues to compel the defendant to comply with the terms of an auction sale and adjudication of certain lots of ground in the faubourg Livaudais, and which were bid off to him as the last and highest bidder.

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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE WATTS PRESIDING. The plaintiff sues to compel the defendant to comply with the terms of an auction sale and adjudication of certain lots of ground in the faubourg Livaudais, and which were bid off to him as the last and highest bidder. It is shown by the evidence that the plaintiff, the wife of E. Lesassier, was owner of certain lots of ground in the fau-bourg Livaudais, and being desirous of selling a portion of them, on the 6th March, 1837, advertised for sale four lots, describing them minutely, and, also, referring to a plan of…

1Opinion of the CourtEustis, J.

The petitioner alleges, that with the authority of her hus*289band, she sold certain lots of ground to the defendant at public auction; that she has signed and tendered to him an authentic act of sale of the property, which he refuses to execute. She prays that the sale at auction be decreed good and valid; that the defendant be ordered to accept and execute the act, and to pay the price and comply with the conditions of the sale.

Auctioneers are public officers, and in making public sales are bound to have from the seller or owner °f the Pl'°Perty. the terms, and conditions in they are to…

2Cited by6 opinions

  1. Peck v. ListWest Virginia Supreme Court · 1883
  2. Bowman v. McClenahanAppellate Division of the Supreme Court of the State of New York · 1897
  3. D'Aquin v. ArmantSupreme Court of Louisiana · 1859
  4. Macarty v. GasquetSupreme Court of Louisiana · 1845
  5. Hartwell v. GurneySupreme Court of Rhode Island · 1888

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