Byrnes v. Cook

Citations

• 11 Teiss. 113
• 1914 La. App. LEXIS 19

Syllabus

<p>Syllabus.</p> <p>1. A contract should not be construed as imposing a penalty unless clearly susceptible to such an interpretation,</p> <p>2. The penalty or forfeiture prescribed in an agreement may be modified or abated by the Court, when the principal obligation has been partly executed, except in case of a contrary agreement.</p> <p>B. C. G„ 2127.</p> <p>3. The Court may condemn for the costs a defendant who unsuccessfully questions and resists his former partner’s right to secure an accounting in a proceeding instituted for that purpose.</p>