Johnson v. Levy

Citations

• 118 La. 447
• 43 So. 46
• 1907 La. LEXIS 741

Syllabus

<p>1. Abatement and Revival — Breach of Marriage Promise — Death of Obligor.</p> <p>The obligation to fulfill a marriage engagement is personal, and the obligation to respond in damages, in the event of its nonfulfillment, is incidental thereto, from which it follows that, if the obligor dies before fulfilling the engagement, and without being put in default, the right of action to recover damages for nonfulfillment perishes with him, and cannot be exercised against his heirs. But, where the obligor is put in default, as provided by law, his right to fulfill his .engagement is thereby forfeited, and his obligation in the premises is merged in his obligation to respond in damages, which latter obligation thereby acquires an independent status, becomes heritable, and may be enforced against the heirs of the obligor.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 1, Abatement and Revival, § 252.1</p> <p>2. Damages — Breach of Contract — Injury to Feelings and Reputation.</p> <p>Damages resulting from injury to feelings, reputation, and standing are recognized in this state as actual, or compensatory, as contradistinguished from exemplary, or vindictive, damages, and where they arise ex contractu, and the liability of the obligor is fixed (subject to the obligation of the obligee to prove his case) by his being put in default, there is no reason why they should not be recovered in the same manner, and to the same extent, as damages to person or property.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Damages. § 100J</p> <p>(Syllabus by the Court.)</p>