Barrow v. Penick

Citations

• 110 La. 572
• 34 So. 691
• 1903 La. LEXIS 672

Syllabus

<p>CONTRACT OP SALE — INDIVISIBILITY—BREACH —RIGHTS OP PARTIES.</p> <p>1. The contract ■ for the sale of one entire crop of molasses is indivisible, and, if broken, cannot be dissolved for part, but must be set aside as a whole, or not at all. If, therefore, the vendor diverts part of the crop, this gives rise to an action in damages, but does not release the purchaser from the obligations of the contract, he not asking 'that the contract be set aside as a whole, nor offering to restore that part of the crop already received by him, and to place matters in the situation in which they would have been if the contract had not taken place.</p> <p>2. The purchaser who pays a sound price is entitled to a sound article. The purchaser of an entire crop of molasses to be manufactured is not bound to receive molasses manufactured from frozen cane, classed on the market as unsound goods.</p> <p>(Syllabus by the Court.)</p>