Jennings-Heywood Oil Syndicate v. Home Oil & Development Co.

Citations

• 113 La. 383
• 37 So. 1
• 1904 La. LEXIS 652

Syllabus

<p>SALE OF LEASE — PAYMENT OF PRICE — SUSPENSION — DANGER OF EVICTION — BOND OF SELLER.</p> <p>1. The purchaser cannot suspend the payment of the price because of a danger of eviction, of which he was informed at the time of the purchase.</p> <p>2. Danger of eviction justifies the suspension of payment of the price only until the seller has furnished bond. In all cases where the-price is due and payment is refused, the seller is entitled to judgment, subject to stay of execution until the danger of eviction has ceased,, or bond has been furnished.</p> <p>3. Where the seller sues for an absolute and unconditional judgment, and the purchaser pleads danger of eviction, and the seller does-not ask to be permitted to give bond, and the purchaser does not ask that the seller be required to do so, the court will nevertheless so-decree. The prayer for an absolute judgment includes a prayer for a conditional judgment, on the principle that the greater includes the less.</p> <p>4. Whether, when the purchaser is in danger of being evicted from one-fifth of the property, the bond to be given by the seller should be for one-fifth or for the whole-of the price, quEeret But when the purchaser has sold half of the property, and is gradually disposing of the remainder, he must be held to have elected not to ask for a rescission of the sale, and in such case a bond be given only for that part of the property as to which there is danger of eviction.</p> <p>(Syllabus by the Court.)</p>