Woods, Slayback & Co. v. Rocchi
Supreme Court of Louisiana
APPEAL from the Fourth District Court, parish of Orleans. J. lAjncliy Kennard, Howe & Prentiss, for plaintiffs and appellants, contended : First — That one notified that a contract has been made for him, subject to his ratification, by another pretending to have authority, will be presumed to have ratified, unless he repudiate it immediately.
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APPEAL from the Fourth District Court, parish of Orleans. J. lAjncliy Kennard, Howe & Prentiss, for plaintiffs and appellants, contended : First — That one notified that a contract has been made for him, subject to his ratification, by another pretending to have authority, will be presumed to have ratified, unless he repudiate it immediately. Hennen’s Digest, page 838, No. 11; 11 L. 288 ; 2 Bob. 1; 6 Eob. 284;, 12 A. 159. ’ Second — That in the absence of any Code of Commerce, we follow the law merchant, 4 A. 206; 6 A. 781; 2 R. 124; Hennen’s Digest, volume 1, page 795. So that the rule laid…
1Opinion of the Court
The opinion of the court was delivered by
Manning, C. J.
This suit is for $2,479 80 and interest, balance of *213account for one thousand tierces of lard at thirteen and three quarters cents per pound. The answer is a general denial.
The dispute as to liability is primarily due to the bad practice and tortuous conduct of the broker who made the purchase. It is certain, that the plaintiffs sold at the price above mentioned, and it is equally certain that Bocchi supposed he was buying at thirteen cents. Schex-nailder was the broker. Early in January 1875 he proposed to Bocchi to buy this large…
2Cases cited3 opinions
- Bonneau v. PoydrasSupreme Court of Louisiana · 1842
- Pitts v. ShubertSupreme Court of Louisiana · 1837
- Guimbillot v. AbatSupreme Court of Louisiana · 1843
3Cited by6 opinions
- State ex rel. Union Sawmill Co. v. Summit Lumber Co.Supreme Court of Louisiana · 1906
- Southern Cotton Oil Co. v. Shreveport Cotton Oil Co.Supreme Court of Louisiana · 1903
- State ex rel. Le Blanc v. Twenty-First Judicial District Democratic CommitteeSupreme Court of Louisiana · 1908
- Stevens-Davis Co. v. Liberty Industrial Life Ins. Co.Louisiana Court of Appeal · 1930
- Apple Growers Ass'n v. Kohlman Bros.Louisiana Court of Appeal · 1928
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