Anse La Butte (Le Danois) Oil & Mineral Co. v. Babb

Citations

• 122 La. 415
• 47 So. 754
• 1908 La. LEXIS 474

Syllabus

<p>1. ASSIGNMENTS (§ 19*) — CONTEACTS ASSIGNABLE — SERVICES—“PERSONAL Obligation. ” A contract giving D. exclusive right to drill in defendant’s land with a view of finding commercial substances, and in case of success within 90 days thereafter to pay defendant $100 per arpent for a conveyance of the land, did not impose a personal obligation on D. within Civ. Code, art. 2000, declaring an obligation personal when the obligor undertakes to perform anything that requires his personal skill and attention ; and hence the contract was assignable.</p> <p>[Ed. Note. — For other cases, see Assignments, Cent. Dig. §§ 28-31'; Dee. Dig. § 19.*</p> <p>For other definitions, see Words and Phrases, vol. 6, p. 6346.)</p> <p>2. Mines and Minerals (§ 54*) — Exploration Contract — Sale oe Land with Minerals — Construction.</p> <p>Where defendant gave plaintiffs assignor the exclusive right to explore certain land for mineral substances, the assignor agreeing, in case of success, on said land or on certain other lands of the neighborhood specified and named in the contract, to pay defendant $100 per ar-pent for the land within 90 days after success, the assignor was not bound to drill to find commercial substances, but was only required to buy' the land at the price specified in case of success in finding commercial substances therein or in said other lands.</p> <p>[Ed. Note. — For other cases, see Mines and Minerals, Dec. Dig. § 54.*]</p> <p>3. Assignments (§ 18*) — Contracts Assignable.</p> <p>Under Civ. Code, art. 2448, providing that all things of value, corporeal or incorporeal, may be the subject of sale, a contract to explore mineral land was assignable though it made no mention of assigns or of the right to assign.</p> <p>[Ed. Note. — For other cases, see Assignments, Cent. Dig. §§i 25-31; Dee. Dig. § 18.*]</p> <p>4. Assignments (§' 73*) — Construction — Rights Assigned — Description.</p> <p>Certain associates, having acquired mineral leases, options, promises of sale, etc.,