Johnson v. Shreveport Waterworks Co.

Citations

• 109 La. 268
• 33 So. 309
• 1903 La. LEXIS 381

Syllabus

<p>COMPROMISE — RESCISSION—RETURN OF BENEFITS — APPEAL—REMAND.</p> <p>1. A demand for damages is properly rejected, upon a plea of compromise, where it appears that the compromise relied on relates to the claim sued on; that the plaintiff, who, though illiterate, is fairly intelligent, entered into it with the advice of his friends, repeatedly and at different times affirmed it, until he had been paid the full amount agreed on, repudiates it only when'there is nothing more due him, and demands its rescission without offering restitution of what he received.</p> <p>2. The interests of justice do not require that a case should be remanded where the plaintiff, appearing to be, and acting as though he were, sui juris, and without offering restitution, brings suit on a claim previously compromised, and where, judgment having been rendered sustaining such compromise and rejecting his demand, a suggestion of minority, brought to the attention of his counsel after the rendition of such judgment, and supported by ex parte affidavits, but denied by the defendant, is made in this court when the case is called up for hearing on the appeal.</p> <p>(Syllabus by the Court.)</p>