Banks v. Hyde
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an aclion to recover the sum of twelve thousand dollars, as the difference between the first and second sales of property, first adjudicated to the defendant; and on his failing to comply with' the terms, resold on his account, and at his risk. He bid nineteen thousand dollars at the first sale, and at the second, it was struck off to Joseph E. Whitall for seven thousand dollars.
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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an aclion to recover the sum of twelve thousand dollars, as the difference between the first and second sales of property, first adjudicated to the defendant; and on his failing to comply with' the terms, resold on his account, and at his risk. He bid nineteen thousand dollars at the first sale, and at the second, it was struck off to Joseph E. Whitall for seven thousand dollars. The defendant pleaded a general denial, but admitted he bid for the property as alleged, and it was struck off to him ; that if the contract of sale was…
1Opinion of the CourtMorphy, J.
The defendant appeals from a judgment condemning him to pay twelve thousand dollars, the difference between the price at which certain property was adjudicated to him, and that which it brought on a resale at public auction, on his refusal to carry into effect the first adjudication.
The view we have taken of this case, makes it useless to examine the grounds on which the defendant has endeavored to justify his refusal to execute the sale.
From the evidence, it appears, that when the property was put up for sale the second time, it was adjudicated apparently to Joseph E. Whitall, but, in…
2Cited by6 opinions
- Capital Bldg. Loan Ass'n v. Northern Ins. Co. of N.Y.Supreme Court of Louisiana · 1928
- State ex rel. Johnson v. Judge of the Fifth District Court of the Parish of OrleansSupreme Court of Louisiana · 1869
- D'Aquin v. ArmantSupreme Court of Louisiana · 1859
- Succession of McCauslandLouisiana Court of Appeal · 1943
- Block v. BonnetSupreme Court of Louisiana · 1876
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