Brandon v. Slade

Citations

• 122 La. 395
• 47 So. 694
• 1908 La. LEXIS 471

Syllabus

<p>1. Vendor and Purchaser (§ 15*) — Consideration — Sotbiciency.</p> <p>In an action to rescind a sale for lesion beyond moiety, a debt secured by mortgage on the property and assumed by the purchaser would ordinarily be taken, at its face value, as part of the purchase price; but, where the debt has been reduced by partial payment, though not entered of record or evidenced by writing, and the creditor, participating in the negotiations leading to the sale, agrees, in advance, to receive the balance really due in full satisfaction, the amount actually paid by the purchaser is alone to be considered in determining the price paid.</p> <p>[Ed. Note. — For other cases, see Vendor and Purchaser, Dec. Dig. § 15.*]</p> <p>2. Vendor and Purchaser (§ 104*) — Rescission by Seller — Action.</p> <p>Where a judgment fixes the amount to be paid by the purchaser to confirm a sale attacked for lesion beyond moiety (there being no questions of profit or improvements in the ease), the amount to be reimbursed by the seller, in the event the purchaser elects to rescind the sale, should represent the difference between the ascertained value of the property at the date of the sale and the amount which the purchaser is decreed to pay in order to make up such value, should he elect to affirm the sale.</p> <p>[Ed. Note. — For other cases, see Vendor and Purchaser, Dec. Dig. § 104.*]</p> <p>(Syllabus by the Court.)</p>