Legal Opinion

James E. Courtin v. Llewellyn Sharp, IV

Court of Appeals for the Fifth Circuit

Decided July 27, 1960No. 18223PublishedCited by 5 opinions

1Opinion of the Court

RIVES, Chief Judge.

This action was for $6,000, the purchase price of a yearling colt (“by Devil Diver out of Bill’s Marge”) allegedly sold by Sharp to Courtin. Before actual delivery and while the colt was still in Sharp’s paddock it was accidentally killed. 1 No issue of negligence in the care of the colt was made, but Courtin’s sole defense was that, at the time of the colt’s death, title to the colt had not passed to him with the consequent risk of loss.

Sharp was a breeder of race horses on a farm near Lexington, Kentucky. Cour-tin was a lawyer resident in New Orleans who owned several…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Breaux Bros. Construction Co. v. Associated Contractors, Inc.Supreme Court of Louisiana · 1954
  2. Mermelstein v. SchwabLouisiana Court of Appeal · 1953
  3. Sharp v. CourtinDistrict Court, E.D. Louisiana · 1959

3Cited by5 opinions

  1. Newport Ltd. v. Sears, Roebuck & Co.Court of Appeals for the Fifth Circuit · 1993
  2. Warrior Constructors, Inc. v. International Union of Operating Engineers, Local Union No. 926, Afl-CioCourt of Appeals for the Fifth Circuit · 1967
  3. Deloach Spray Foam Insulation L L C v. Briggs & Stratton CorpDistrict Court, W.D. Louisiana · 2022
  4. James E. Courtin v. Llewellyn Sharp, IVCourt of Appeals for the Fifth Circuit · 1960
  5. James E. Courtin v. Llewellyn Sharp, IVCourt of Appeals for the Fifth Circuit · 1960

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