Kent v. Davis Bros. Lumber Co.

Citations

• 122 La. 1046
• 48 So. 451
• 1909 La. LEXIS 640

Syllabus

<p>1. Logs and Logging (§ 3*) — Contbacts — Acceptance.</p> <p>The instrument signed by'Kent, the plaintiff, and J. M. & V. M. Davis, defendant, contains (1) a written proposition from Kent to sell to J. M. & V. M. Davis all the pine trees of a designated size and on particular tracts of land, on terms and'conditions specified; (2) an agreement by Kent to keep this proposition open for acceptance for 60 days. Assuming that a consideration of some kind was necessary to bind Kent to hold his offer open for acceptance, a consideration of $1 was agreed upon and paid for that purpose. Both parties signed the written proposition to evidence their consent to this agreement to keep the agreement open. It was agreed that the acceptance of J. M. & V. M. Davis to the proposition to sell should be evidenced by the payment by them to Kent of $100 within 60 days. This payment was made within the time stipulated, and, when that payment was made, what was before an offer to sell became a closed contract. Having accomplished its purpose, the consideration of $1 disappears from the case, and-the rights and obligations of parties have to be determined upon the contract •so closed. The agreement was not a nullity for the reasons assigned.</p> <p>[Ed. Note. — For other cases, see Logs and Logging, Dec. Dig. § 3.*]</p> <p>2. Logs and Logging (§ 3*) — 1Contracts— Certainty.</p> <p>The things sold were certain. The price agreed to be paid was certain. The consent of all parties was given to the agreement. J. M. '& V. M. Davis are bound absolutely as purchasers, and cannot recede from the agreement by invoking that obligations are subject to a potestative condition.</p> <p>[Ed. Note. — Por other cases, see Logs and Logging, Dec. Dig. § 3.*]</p> <p>3. Contracts (§ 9*) — 'Varidity— Certainty.</p> <p>There was indefiniteness in.some of its “accidental stipulations of the agreement,” but they were susceptible of being made definite by timely action.</p> <p>[Ed. Note. — For other cases, see Cont