Joffrion v. Gumbel

Citations

• 123 La. 391
• 48 So. 1007
• 1909 La. LEXIS 717

Syllabus

<p>1. Specific Performance (§ 90*) — Contract to Convey Land.</p> <p>The genera] rule is that he who seeks the performance of a contract for the conveyance of land must show himself ready, able, and willing to perform the contract on his part.</p> <p>[Ed. Note. — For other cases, see Specific Performance, Cent. Dig. § 228; Dec. Dig. § 90.*]</p> <p>2. Specific Performance (§ 99*) — Laches of Plaintiff.</p> <p>Unreasonable delay in doing those acts which are to be done by him wiÜ justify and require a denial of that relief. Plaintiff praying for such relief must have instituted his suit within a reasonable time before any material change affecting the interest of the parties has taken place.</p> <p>TEd. Note. — For other cases, see Specific Performance, Cent. Dig. § 299; Dec. Dig. § 99.*]</p> <p>3. Specific Performance (§ 100*) — Laches of Plaintiff.</p> <p>It would be an unwarrantable exercise of discretionary power to allow one, holding a mere option to purchase, to lie by for a long time and speculate upon the fluctuating values of property and, after a substantial increase in their value, to enforce a conveyance in his favor at the original price.</p> <p>[Ed. Note. — For other cases, see Specific Performance, Cent. Dig. §§ 300, 307; Dec. Dig. § 100.*]</p> <p>(Syllabus by the Court.)</p>