Legal Opinion

Gourjon v. Cucullu

Supreme Court of Louisiana

Decided June 15, 1832PublishedCited by 5 opinions

APPEAL FROM THE PARISH COURT OF NEW-ORLEANS. The petition set forth that the plaintiff undertook to sell for the defendant a number of slaves, for which the latter agreed to pay him a commission of two per centum on the aggregate amount of sales. That a large number was placed in his hands, a part of which was sold, and the remainder returned.

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APPEAL FROM THE PARISH COURT OF NEW-ORLEANS. The petition set forth that the plaintiff undertook to sell for the defendant a number of slaves, for which the latter agreed to pay him a commission of two per centum on the aggregate amount of sales. That a large number was placed in his hands, a part of which was sold, and the remainder returned. The petition further set forth, that for his care, trouble and brokerage, the plaintiff was entitled to a commission of two per centum on the price of the slaves sold, and of one per centum on the value of those unsold and returned. To this action the…

1Opinion of the CourtMartin, J.

• The plaintiff alleges he undertook to attend to the sale of a cargo of slaves, received by the plaintiff on an agreement that *117he should receive a commission of two per centum on the aggregate amount of the sales. He claimed said commission, and one of one per centum on the value of the slaves unsold and returned to the defendant, and a trifling sum for necessary advances made for the slaves. He had judgement for his whole claim, and the defendant appealed.

An agree4*' ment for the price of services does not of tlieir value, a broker who undertakes to sell slaves for a certain commission on…

2Cases cited1 opinion

  1. Smith v. SmithSupreme Court of Louisiana · 1821

3Cited by5 opinions

  1. McLeod v. LevyLouisiana Court of Appeal · 1955
  2. Henderson v. GiraudeauSupreme Court of Louisiana · 1860
  3. O'Brien v. GrandLouisiana Court of Appeal · 1960
  4. Gribble v. McKleroy & BradfordSupreme Court of Louisiana · 1859
  5. O'Niell v. GuytherSupreme Court of Louisiana · 1909

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