Jefferson Sawmill Co. v. Iowa & Louisiana Land Co.

Citations

• 122 La. 983
• 48 So. 428
• 1909 La. LEXIS 631

Syllabus

<p>1. CORPORATIONS (§ 410*) — OFFICERS — ACTS Binding Corporation.</p> <p>The president of a nonresident corporation ■owning timber lands in this state sold with warranty certain deadened and cut trees found on lands purchased by him for the corporation. Sold, that the sale was an act of administration, binding on the corporation.</p> <p>[Ed. Note. — For other cases, see Corporations, Cent. Dig. § 1630; Dec. Dig. § 410.*]</p> <p>2. Sales (§ 405*) — Breach by Seller — Defenses.</p> <p>Where the trees so sold could not be delivered because of adverse claims of possession and ownership, and the purchaser sued the corporation for damages for nonperformance of its contract, held, that the vendor cannot escape liability on the plea that the sale was null under article 2452, Rev. Civ. Code, “as the sale of a thing belonging to another person” ; such nullity being relative, and in the sole interest of the bona fide purchaser, who under the very terms ■of the article may sue for damages.</p> <p>[Ed. Note. — For other cases, see Sales, Cent. Dig. § 1149 ; Dec. Dig. § 405.*]</p> <p>3. Damages (§ 40*) — Breach oe Contract-Loss oe Profits.</p> <p>Loss of profits may be recovered as damages for a breach of contract, if reasonably within the contemplation of the parties at the time, and if established with legal certainty.</p> <p>[Ed. Note. — For other cases, .see Damages, Cent. Dig. §§ 74-76; Dec. Dig. § 40.*</p> <p>For other definitions, see Words and Phrases, vol. 2, pp. 1812-1820; vol. 8, pp. 7625, 7626.] Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>