Des Allemands Lumber Co. v. Morgan City Timber Co.

Citations

• 117 La. 1
• 41 So. 332
• 1905 La. LEXIS 816

Syllabus

<p>1. Appeal and Error — Reassignment’ of Cause — Effect.</p> <p>. An agreement of counsel, afterwards sanctioned by the court, for the reassignment of a case, has the effect of setting aside the assignment and placing matters in the situation in which they would have been if no assignment had been made, with the consequence that the timeliness of the filing of an answer to the appeal has to be determined with reference to the assignment thereafter made, and not with reference to the assignment that has been set aside.</p> <p>2. Contracts — Remedy for Breach — Election.</p> <p>When one of the parties breaks the contract, the other party must elect between demanding a dissolution of the contract and exacting a continued performance of it. He cannot have both, and the choice is made once for all.</p> <p>[E'd. Note. — For cases in point, see vol. 11, Cent. Dig. Contracts, § 1174; vol. 44, Cent. Dig. Specific Performance, § 4.]</p> <p>3. Evidence — Verbal Admissions — Weight and Effect.</p> <p>Verbal admissions are the weakest kind of' evidence, especially when the exact language-cannot be given, and when the purpose is to eke out a written contract or to put a particular interpretation upon such contract.</p> <p>[Ed. Note. — For cases in point, see vol. 20~ Cent Dig. Evidence, §§ 1029, 1050.] *</p> <p>4. Contracts — Form.</p> <p>To confirm a conversation by letter is a good business precaution. The letter should be written as soon as possible after the close of the conversation, and surely not later than the night of the same day if circumstances permit.</p> <p>5. Estoppel — Requisites.</p> <p>Estoppel en pais arises only where the other party has been led to change his position. The mere bringing of the suit in support of which the estoppel is invoked cannot be said to constitute a change of position within the meaning of the law of estoppel.</p> <p>[Ed. Note. — Eor cases in point, see vol. 19, Cent. Dig. Estoppel, § 142.]</p> <p>0. Damages — Contracts —Breach— Prospe