Amos Kent Lumber & Brick Co. v. Payne & Joubert

Citations

• 119 La. 916
• 44 So. 728
• 1907 La. LEXIS 564

Syllabus

<p>1. Judgment — Res Judicata — Nonsuit — Questions Determined.</p> <p>Where, in a suit claiming different items of damage for violation of a contract to erect certain machinery, the court finds that the alleged violation was active, and gives judgment on some of the items, but, for lack of sufficient proof, dismisses the claim as to another, as in case of nonsuit, the question of the necessity of putting the defendant -in default is closed, and cannot be opened by way of defense, to a second suit, on the item with respect to which the judgment of nonsuit was rendered.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 30, Judgment, § 1251.]</p> <p>2. Damages — Breach oe Contract.</p> <p>Where one who has agreed to put up a kiln (and appurtenances) for the drying of lumber actively violates his contract by putting up a defective kiln, and the other contracting party sustains a loss by the “bluing” of lumber which he is obliged to stack in the open air, for lack of a kiln in which to dry it, the contractor is liable for the loss.</p> <p>[Ed. Note. — For cases in. point, see Cent. Dig. vol. 15, Damages, §§ 58-62.]</p> <p>(Syllabus by the Court.)</p>