Sainet v. Widow Duchamp
Supreme Court of Louisiana
from the Third District Court of New Orleans, J. It is to be remarked, that in the Code of 1825, the contract of rente fonciére was made on purpose to be in conformity with the usages of Louisiana, and differs from the doctrine of Pothier by the introduction of Articles 2752 and 2759, which make it a contract sui generis, peculiar to our laws and usages, and not exactly in accordance with the old French law, which existed anterior to the French revolution.
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from the Third District Court of New Orleans, J. It is to be remarked, that in the Code of 1825, the contract of rente fonciére was made on purpose to be in conformity with the usages of Louisiana, and differs from the doctrine of Pothier by the introduction of Articles 2752 and 2759, which make it a contract sui generis, peculiar to our laws and usages, and not exactly in accordance with the old French law, which existed anterior to the French revolution. An annuity or rente constitute exists only when a sum of money is delivered ; but where real estate is conveyed, and, by express…
1Opinion of the Court
Merrick, O. J.
The facts of this case are correctly stated in plaintiff’s brief, as follows, viz :
“ In 1832, the father of the plaintiff sold to Mr. Bernard Duchamp, a house and lot, for the sum of $5,500, with the stipulation that the purchaser, his heirs or assigns, should have the right to prolong the payment of the price, indefinitely and at their will, on paying the vendor, his heirs or assigns, interest in advance, at the rate of seven per cent, per annum. The following is the clause referred to :
‘ La présente vente est faite pour et moyennant la somme de cinq mille cinq cents piastres…
2Cases cited2 opinions
- Macarty v. FoucherSupreme Court of Louisiana · 1822
- Lynch v. PostlethwaiteSupreme Court of Louisiana · 1819
3Cited by3 opinions
- Learned v. BrownCourt of Appeals for the Fifth Circuit · 1899
- Honeycutt v. WhittenSupreme Court of Louisiana · 1921
- Succession of BurbankSupreme Court of Louisiana · 1911