Ducuy v. Falgoust

I am unable to agree with the interpretation placed by the majority on the reciprocal clauses of the contract relating to a failure by either party to comply with his agreement. Thereunder, each of the parties, on the failure of the other, may resort to specific performance; or, the vendor has the right to declare the deposit forfeited, wheréas the vendee may demand the return of double the deposit.

In keeping with the decision in Johnson v. Johnson, 213 La. 1092, 36 So.2d 396, which I am convinced is sound and correct, I am of the opinion that the mentioned reciprocal clauses contemplate only…