De La Vergne Refrigerating Machine Co. v. New Orleans & Western Railroad

Citations

• 51 La. Ann. 1733
• 26 So. 455
• 1899 La. LEXIS 617

Syllabus

<p>Syllabus.</p> <p>1. A contract for two cotton compresses was made under a fixed limit as to time of completion. One was completed, delivered and accepted within the time. The other was not, but the contractor was not put in default, no demand was made for dissolution of the contract, and the contractor was permitted to proceed with its execution. Thereafter the other party could not arbitrarily declare cancellation of the contract and decline to receive the press. Under the circumstances, IIki.d, the press should have been accepted and the contractor proceeded against for damages, ’if any, caused by the delay.</p> <p>2. When one party offers to perform a condition precedent and is prevented by the other, the offer will be treated as performance, and the conduct of the other party as excusing performance.</p> <p>3. A contract made in New York to be executed and consummated in Louisiana —the acceptance of the thing forming the object of the contract being dependent upon a suspensive condition, to-wit: — that after completion a stipulated test is to lie applied — which test is to be made and can only be made in Louisiana, is a Louisiana contract, and the thing sold subject to the vendor’s privilege accorded by the Louisiana law.</p>