Moreau v. Chauvin
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. The defendants bound themselves absolutely to cause the mortgage existing on the slave sold to plaintiff, to be erased by a certain period. This stipulation was ¿he law of the parties.
Read the full summary
Appeal from the District Court of the First District, Buchanan, J. The defendants bound themselves absolutely to cause the mortgage existing on the slave sold to plaintiff, to be erased by a certain period. This stipulation was ¿he law of the parties. Si la volonté des contractans est mani-festee expresshnent et sans equivoque,” says Toullier, “ on doit s’y soumettre avec une oh Usance aveugle, sans qu’il soit pei'mis d’examiner si Vexecution de la condition peut etre utile, s’il ne serraitpas plus advuntageux de Vexécuter d’une autre maniere.” Vol. 6, Des Contrats, No. 606. Art. 2033 of the…
1Opinion of the CourtMorphy, J.
The plaintiff seeks to rescind the sale of a slave made to him by the defendants on the 5th of Majq 1841, on the ground that they had failed to comply with the conditions and obligations of their contract. He alleges, that at the time of the sale there existed on the slave sold to him a mortgage, which the defendants bound themselves to raise and cancel, within forty days from the 8th of April, 1841; that his mortgage was a general one, existing against their vendor, the widow Franqois Xavier, as tutrix of her minor children, which she in her sale to them had obligated herself to convert into…
2Cited by10 opinions
- Watson v. FeibelSupreme Court of Louisiana · 1916
- Haydon v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Beck v. FleitasSupreme Court of Louisiana · 1885
- Southport Mill, Ltd. v. AnsleySupreme Court of Louisiana · 1925
- Johnson v. LevySupreme Court of Louisiana · 1907
5 more not listed; retrieve them via the Exa API.