Enders v. Gingras, Mulhaupt & Co.
Supreme Court of Louisiana
A PPEAL from the First District Court, Parish of Caddo. Taylor, J. 1. In order to put the debtor in default, the demand that the contract shall be carried into effect must be made either by suit, in writing, by a notarial protest, or in presence of two competent witnesses C. O. art. 1911; 30 Ann. 264; 37 Ann. 659. 2. The husband, who was agent of his wife, is not a competent witness for her or her co-defendants, all being members of the same firm and having a common…
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A PPEAL from the First District Court, Parish of Caddo. Taylor, J. 1. In order to put the debtor in default, the demand that the contract shall be carried into effect must be made either by suit, in writing, by a notarial protest, or in presence of two competent witnesses C. O. art. 1911; 30 Ann. 264; 37 Ann. 659. 2. The husband, who was agent of his wife, is not a competent witness for her or her co-defendants, all being members of the same firm and having a common interest. C. C. 2281; 1 Greenleaf, sec. 334, 335, 342; 1 Phil. EV., see. 83; 38 Ann. 106. 3. Though there have been repeated…
1Opinion of the Court
Tlie opinion of the Court was delivered by
Poché, J.
This litigation grows out of the following contract:
“ State of Louisiana, Parish of Caddo. — This contract, made and entered into this day between Wm. Enders and G-ingras and Sellmeyer, witnesses that the said parties have entered into the following contract:
“Wm. Enders obligates himself to deliver to said Gingras and Sellmeyer 200,000 feet of beech, gum and pine lumber within one year following the date of this contract, said lumber to be of good merchantable quality, for the purpose of manufacturing into furniture and cut into such…
2Cases cited1 opinion
- Moreau v. ChauvinSupreme Court of Louisiana · 1844
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- Allison v. BrownSupreme Court of Louisiana · 1921
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