E. B. Williams & Co. v. Louisiana Lumber Co.

Citations

• 105 La. 99

Syllabus

<p>Syllabus.</p> <p>On Motion to Dissolve the Attachment.</p> <p>Although one sues out a writ of attachment for a larger amount than he is entitled to, he may yet sustain the attachment for the amount to which the testimony on trial shows he is entitled.</p> <p>On the Mekits.</p> <p>The special plea of defendant was not so warded as to limit the defense to the one ground raised: that lumber, which was the consideration of the violated contract, had declined in value.</p> <p>The defendant’s agent had at first made representation regarding the percentage of the first and second clears; afterwards, this agent declined to guarantee the amount of the percentage. Plaintiff, in view of the circumstances, has no ground upon which to base an argument of false representation and warranty of percentage of measurement of the upper grades of the lumber.</p> <p>The percentage of clears is increased from fifteen to twenty-five per cent, of the lot of lumber .sold by defendant to plaintiff. Pour dollars a thousand was the extent of the profits shown which plaintiff would have made at the place of destination.</p>