A. Kory & Sons v. Layman

Citations

• 108 La. 247

Syllabus

<p>Syllabus.</p> <p>A preponderance of evidence establishing plaintiffs contention that they bought at a stipulated price a mortgage note held by defendant, they are entitled to recover damages for -the breach of the contract by defendant, but the legal measure of damage is the difference between the contract price and the value of the note at or about the time it should have been delivered— not the difference between the contract price and the face value of the note, though it appear that at a sheriff's sale, shortly after, of the mortgaged property under foreclosure of a prior mortgage, a sum sufficiently large was realized to satisfy prior encumbrances and meet in full the note in question.</p>