Bagley v. Rose Hill Sugar Co.

Citations

• 111 La. 249
• 35 So. 539
• 1903 La. LEXIS 527

Syllabus

<p>•VENDOR AND PURCHASER&emdash;CONTRACT OP SALE &emdash;DESCRIPTION OF PROPERTY&emdash;PAROL EVIDENCE&emdash;SALE OF PLANTATION&emdash;FENCES.</p> <p>1. The terms and conditions of the alienation •of real property are susceptible of all the modifications which the will of the parties can suggest, except such as are forbidden by law (Civ. Code, arts. 1764, 2013), and courts are bound •to enforce them as made. They cannot widen or restrain the terms and conditions of a contract because they may be of unusual character .and apparently unreasonable.</p> <p>■2. Where, in an act of sale, the property is ■described as a “certain sugar plantation minutely described, together with all the buildings and appurtenances thereof and thereunto in any manner appertaining,” but in a later clause it is declared that the “appurtenances included in and covered by this sale are the different items mentioned in the annexed list marked ‘A,’ which is made a part of this act,” the court is without authority to ignore this clause and list, and must give them effect when the appurtenances and improvements which were to be included in the sale are expressly and specially enumerated in the list attached to the act of sale. Others are excluded, except in so far as, from the terms of the list itself, particular objects or articles could be shown to fall thereunder.</p> <p>3. If a particular object is found mentioned in the list as one of the improvements conveyed, the purchaser is authorized to establish by parol that certain articles were necessary and proper to give completeness to that object. So, also, where the expression etc.&emdash;et cetera&emdash;is found in one part of the list in describing the improvements covered, he is authorized to show that certain articles or objects fall under that term as used and in the place it was used.</p> <p>4. Parol evidence is not admissible against or beyond what is contained in written contracts, nor on what may have been said before, at the time of m