Patterson v. Bloss
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIFTH DISTRICT, THE JUDGE OF THE DISTRICT PRESIDING, The plaintiff sues the defendants for the specific performance of a contract, and for damages in delaying to perform it.
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APPEAL FROM THE COURT OF THE FIFTH DISTRICT, THE JUDGE OF THE DISTRICT PRESIDING, The plaintiff sues the defendants for the specific performance of a contract, and for damages in delaying to perform it. He alleges the defendants contracted with him for a lot, store and warehouse, in the Dutch Prairie in the parish of St. Mary, for the sum of one thousand eight hundred dollars, payable in three instalments; that he delivered, and the defendants took possession of the premises about the 12th of March, 1831. He states that soon afterwards he applied to defendants for their negotiable, endorsed…
1Opinion of the CourtMartin, J.
The plaintiff, who in his petition had claimed the specific performance of a sale of land and damages for its nonexecution, after the jury were sworn and under the direction of the court, restricted his claim to damages for the nonperformance of the contract. There was a verdict and judgement for the plaintiff, and the defendants appealed after an unsuccessful attempt to obtain a new trial.
It appears to us the jury erred. The contract was for the alienation of land, and the plaintiff did not offer any written evidence of it, although it was denied by the answer. His counsel has contended that…
2Cited by10 opinions
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- Marionneaux v. EdwardsSupreme Court of Louisiana · 1849
- Manuel v. MoityLouisiana Court of Appeal · 1975
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