Derouen v. Romero

Citations

• 110 La. 209
• 34 So. 415
• 1903 La. LEXIS 610

Syllabus

<p>CONTRACT — BREACH—ANNULMENT—SETTLEMENT — TENDER.</p> <p>1. Where joint owners of a large plantation •enter into a contract by which one of them is to have exclusive charge and management and control of the plantation, without interference from the other owners, with full power to borrow money and incumber the plantation, and ■do all other things necessary to run the plantation, until a large debt resting upon it is paid, and is to furnish an account yearly to each of the owners, and for five years this owner in charge furnishes such account not to a single one of his said co-owners, although repeatedly requested so to do, in a suit against him by the said co-owners the contract will be considered as having been broken, and will be annulled.</p> <p>2. In such a case the owners out of possession, not knowing what balance, if any, is due to the owner in possession, and so alleging, are •dispensed from antecedent tender.</p> <p>3. But the contract, though legally at an end, must continue in operation until settlement is made between the parties.</p> <p>(Syllabus by the Court.)</p>