Livingston v. Scully
Supreme Court of Louisiana
A PPEAL from the First District Court, Parish of Caddo. Ai. Hieles, J. Although the contract be either not commutative, or, if commutative, the reciprocal obligations are not to be performed, at the same time, yet the party wishing to put the othor in default must be himself ready, and must offer to receive the performance at the time and place stipulated in the contract, or implied from the nature of the act to be done, etc, (J. 0. 1914, 1933. In a case coming under either…
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A PPEAL from the First District Court, Parish of Caddo. Ai. Hieles, J. Although the contract be either not commutative, or, if commutative, the reciprocal obligations are not to be performed, at the same time, yet the party wishing to put the othor in default must be himself ready, and must offer to receive the performance at the time and place stipulated in the contract, or implied from the nature of the act to be done, etc, (J. 0. 1914, 1933. In a case coming under either of tlie two above articles of the Civil Codo, a demand on tbo debtor, in order to put him in delay, requires no…
1Opinion of the Court
Tlie opinion of the Court was delivered by
Watkins, J.
Plaintiff sues for the recovery of $5000 damages, resulting from defendant’s alleged violation of his contract; $870.62 on open account; and for the annulment of the contract.
The contract was entered into on July 1, 1882, and contains reciprocal covenants.
Plaintiff agreed “ to furnish all labor,’ tools, cement aud all other material to he used in the piers of said bridge,” (the railroad bridge across Red River at Shreveport), “ and set the same in the piers, to the full satisfaction of the engineer in charge, for the sum of $8 per cubic…
2Cases cited3 opinions
- Smith v. BonsallSupreme Court of Pennsylvania · 1835
- Heron v. HoffnerSupreme Court of Pennsylvania · 1832
- Vance v. TourneSupreme Court of Louisiana · 1839
3Cited by12 opinions
- Pipes v. PayneSupreme Court of Louisiana · 1924
- J. H. Garrison & Son v. Sherill Hardwood Lumber Co.Supreme Court of Louisiana · 1924
- Cousin v. SchmidtSupreme Court of Louisiana · 1918
- Goudeau v. DaigleCourt of Appeals for the Fifth Circuit · 1942
- McMillan v. MillsLouisiana Court of Appeal · 1925
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