Breaux v. Sarvoie
Supreme Court of Louisiana
\ PPEAL from the Twentieth District Court, Parish of Lafourche. Beattie, J. The seller isbound to deliver and warrant thing sold.
Read the full summary
\ PPEAL from the Twentieth District Court, Parish of Lafourche. Beattie, J. The seller isbound to deliver and warrant thing sold. O C. 2475, 2476,2482,2511; 3L. 306; 6 B 506; 3 Ann. 327; 16 L. 185; 24 Ann. 108. Under C. O., Art. 2272: “ * * * The confirmation, ratification, or voluntary execution in due form * * * involves a renunciation of the means and exceptions that might be opposed to the act, * * ” The intention must he to ratify by the voluntary execution. 171 L. 286. The acts of a party from which the ratification of a contract is sought to be deduced must evince clearly and…
1Opinion of the Court
Tlie opinion of the Court was delivered by
Bermudez, C. J.
This is an action for the. rescission of a sale of real estate, on the ground of deficiency in the quantity of the lands sold and those delivered.
It is brought against the vendors and also against parties claiming the deficient lands, as their property.
The vendors filed a plea of ratification, which was sustained.
From that judgment tlie plaintiff appeals.
The evidence shows that, prior to purchasing the real estate, the plaintiff went to a party who held a vendor’s note secured on the property, and obtained from him, in the event of a…
2Cited by20 opinions
- Doucet v. FenelonSupreme Court of Louisiana · 1907
- Thomas v. BlairSupreme Court of Louisiana · 1903
- Wells v. FilesSupreme Court of Louisiana · 1914
- Foster & Glassell Co. v. HarrisonSupreme Court of Louisiana · 1931
- Augustin v. FarnsworthSupreme Court of Louisiana · 1924
15 more not listed; retrieve them via the Exa API.