Bergeron v. Daspit

Citations

• 119 La. 9
• 43 So. 894
• 1907 La. LEXIS 429

Syllabus

<p>1. Vendor and Purchaser — Offer to Sell Land — Construction.</p> <p>It is the generally accepted intention of parties (unless controlled by proof to the contrary) in selling lands that, where a vendor declares he offers to sell to his vendee a tract of 4 arpents front by 40 arpents deep, he proposes to sell, and the purchaser proposes to buy, 160 arpents of land, that is the quantity of land which would be conveyed in a parallelogram of 4 arpents by 40. The reference made in an act so worded as to its front on a particular stream is taken prima'facie to have it appear that whatever might be the quantity of land in the tract its front should rest on that stream.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 48, Vendor and Purchaser,' § 93.]</p> <p>2. Same — Conflicting Contracts.</p> <p>Where after a sale has been made by a vendor of part of his plantation, in which the property sold is described in the manner just stated, he makes a second sale to another person describing the property secondly sold as a tract measuring 15 arpents front on the same stream by 40 arpents being all of the plantation, except that sold to the first vendor, the second vendee should take only what remains after the prior acquired rights of the first vendee have been satisfied. He should not measure on the stream a distance of more than 15 arpents if by so doing he prejudices the legal rights of the first vendee.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 48, Vendor and Purchaser, § 93.]</p> <p>3. Same — Intent of Parties.</p> <p>The actual intention of the parties should be ascertained, if possible.</p> <p>(Syllabus by the Court.)</p>