Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 41

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 41

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1843 edition. Excerpt: ...time of the final rupture of this negotiation, on account of a supposed defect in the plaintifl"s title, it was not intimated that there was any thing wanting to constitute a promise to sell. The thing and the price were certain, and, after the signature by Walden of the last memorandum containing the names, shares, and endorsers of the purchasers as finally settled, there can be no doubt as to the parties. Here was a written proposition to sell, a written agreement signed by various persons, or by their authority, to buy, and it appears to us that through the intervention of the broker there was a concurrence of minds, a consent, suflicient to constitute a contract between the parties, and that the court erred in instructing the jury that there was no promise to sell. The last memorandum, it is said, presented new persons as purchasers. Still it was approved by the plaintiff; and it is not for him to say that the new condition, suggested by himself, was not accepted. It was not objected to in any part of the negotiation. The plaintiff himself hurried the notary to make out the conveyance; and the notary, who is at the same time an experienced and able member of the bar, was requested by some of the defendants to examine the title of the plaintiff. He did so, and gave it as his opinion that it was defective. It was in consequence of this difliculty, and not of any want of understanding as to the essential conditions of the contract, that the sale w as not completed by a notarial conveyance. If, under these circumstances, the defendants, waiving all objections to the title, had accepted the conveyance, there can be no question that they would have been the owners as to the whole world. And if, on the other hand, they had sued for a...
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Product details

  • Paperback | 254 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236769813
  • 9781236769817