Crusel v. Tierce

Citations

• 118 La. 292
• 42 So. 940
• 1907 La. LEXIS 713

Syllabus

<p>1. Sales — Contea ct — Misrepresentations or Selleb — Liabilities.</p> <p>Where a contract is entered into by which 250.000 barrels of oil are sold, and the seller binds himself to make no additional contracts until the 250,000 barrels are delivered, and it is stated in the contract that the seller has 135.000 barrels in storage, of which 90,000 barrels have been already contracted for, and the contract, from its terms and from the conduct of the parties, is interpreted to have been for so much of the output of certain wells operated by the seller as, with the oil in storage, would make 250,000 barrels, and the wells run dry before having furnished s.n amount sufficient to make up the number of barrels called for by the contract, and it develops that it was not true that there was any oil in storage beyond the quantity already contracted for — held, that the seller’s statement of his having the quantity of oil in storage was a representation by which he is bound, and that he must account to the purchaser for said oil as if same had in fact been on hand.</p> <p>TEd. Note. — For cases in point, see Cent Dig. voi. 43, Sales, §§ 189-196.]</p> <p>2. Same — Construction.</p> <p>In the absence of any agreement to the contrary, either express or implied, the sale of the output of an oil well will be taken to mean the total output, and the seller cannot divert a certain proportion of the output for the remuneration of the furnisher of air pressure for bringing up the oil; it not appearing that such air pressure could not have been secured by means of money.</p> <p>(Syllabus by the Court.)</p>