Smith v. Anders
Supreme Court of Louisiana
Appeal from Second Judicial District Court, Parish of Webster; J. N. Sandlin, Judge. Action by D. W. Smith against S. T. Anders in which reconventional demand was filed. From judgment of nonsuit plaintiff appeals, and defendant prays relief on reconventional demand which was denied by trial court.
1Opinion of the CourtO’Niell, J.
This is an action for damages for an alleged breach of contract on the part of defendant to sell and deliver to plaintiff 1,000,000 feet of lumber. Plaintiff alleges that, after delivering 115,665 feet of the lumber, defendant failed and refused to deliver more;' and that he (plaintiff) would have made a profit of $5.40 per M. feet, or $4,775.-40, on the remaining 884,335 feet of lumber, if defendant had delivered it. Defendant denies that he violated the contract; and he avers that plaintiff would have suffered a loss on the lumber at the prices stipulated, and that he (plaintiff) violated…
2Cases cited5 opinions
- Silverman v. Caddo Gas & Oil Co.Supreme Court of Louisiana · 1911
- Sitman v. LindseySupreme Court of Louisiana · 1908
- Murphy v. Southern Mineral & Land Improvement Co.Supreme Court of Louisiana · 1912
- Bryan v. HollandSupreme Court of Louisiana · 1915
- Godchaux v. Chicago Lumber & Coal Co.Supreme Court of Louisiana · 1912
3Cited by8 opinions
- Williams Lumber Co. v. Stewart Gast Bro.Louisiana Court of Appeal · 1945
- Cappel v. HundleySupreme Court of Louisiana · 1929
- State Ex Rel. Metropolitan Land Co. v. Recorder of MortgagesSupreme Court of Louisiana · 1928
- Bunge Corporation v. McGuffieLouisiana Court of Appeal · 1975
- Cast-Crete Corp. v. West Baro Corp.Louisiana Court of Appeal · 1977
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