Adeline Sugar Factory Co. v. Evangeline Oil Co.

Citations

• 121 La. 961
• 46 So. 935
• 1908 La. LEXIS 778

Syllabus

<p>1. Contracts — Performance — Intent of Parties.</p> <p>The obligations following from every contract must be carried out as the parties wished and intended they should be. Rev. Civ. Code, art. 2037.</p> <p>2. Damages — Breach of Contract — Measure — Profits.</p> <p>The liability of one of the parties to a contract to the other for damages for his breach of the contract may extend not only to the loss which the other has really suffered thereby, but to the gain of which he has been deprived, but not necessarily so. The damages may be limited and confined to the loss which the other has actually suffered not extending to the gain of which he has been deprived. Were the defendant in this case liable at all to the plaintiff for damages by reason of inexecution of its obligations (which it is not), those damages would be limited to the loss which plaintiff would have actually suffered. Defendant has carried out its obligations to the full extent which was intended and contemplated by the parties at the time the contract was made, as shown by the testimony adduced on the trial of the case.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Damages, §§ 72-88.]</p> <p>3. Contracts — Construction — Evidence-Surrounding Circumstances.</p> <p>Testimony was properly introduced showing the facts and circumstances surrounding the creation of the contract so as to enable the court to read the contract in the light of those circumstances and enable it the more perfectly to understand and explain the interest and meaning of the parties.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 11, Contracts, § 766.]</p> <p>4. Sales — Breach—Acts Constituting.</p> <p>Contract was entered into between a seller of oil and a corporation owning a plantation in St. Mary parish and engaged in manufacturing sugar at its factory and using oil, whereby the former agreed to sell to the latter, and the latter agreed to purchase, 20,000 barrels of oil at a fixed price, with pri