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· 3/19/1917

Barber Asphalt Paving Co. v. Bouny

Citations

  • 14 Teiss. 104
  • 1917 La. App. LEXIS 11

Syllabus

<p>Syllabus.</p> <p>1. It is not necessary for plaintiff to plead specially an estoppel in avoidance of a defense set up in an answer.</p> <p>2. . An estoppel is not always a mere matter of procedure .or evidence, but is sometimes a matter of substantive law under which rights have been acquired; and rights so' vested cannot be impaired by legislative prohibition to set up such estoppel.</p> <p>3. Act 219 of 1914 is not retrospective; to give it such effect would be to impair its constitutionality.</p>

Judges: Godchaux, John, Paul

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