Harvin v. Blackman

Citations

• 121 La. 431
• 46 So. 525
• 1908 La. LEXIS 685

Syllabus

<p>1. Judgment — Matters Concluded.</p> <p>A judgment in favor of a lessor for rent, or for eviction of a tenant, concludes all questions as to the existence and validity of the lease, and all special defenses, like fraud or duress, that were or might have been urged in the suit.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 30, Judgment, §§ 1234-1241.]</p> <p>2. Vendor and Purchaser — Contract — Duress — Ratification.</p> <p>A contract of sale of real estate, made under duress, is not absolutely null and void; but it is merely voidable. Such a sale is ratified by a subsequent valid lease of the same land between the same parties.</p> <p>3.Same — Nonpayment oe Price.</p> <p>Where a sale of real estate purports to have been made for cash, but the evidence shows that no money was paid, and fails to show any other adequate consideration, held, that such a sale should be dissolved for nonpayment of the-price, in default of the purchaser paying the same, with interest, within a delay to be fixed by the court.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 48, Vendor and Purchaser, § 153.]</p> <p>(Syllabus by the Court.)</p>