Legier v. Braughn

Citations

• 123 La. 463
• 49 So. 22
• 1909 La. LEXIS 730

Syllabus

<p>1. Words and Phrases — “Earnest.”</p> <p>Earnest, in the civil law, is a sum of money which one of the contracting parties delivers to the other at the time 'of the contract, and is presumed to be a forfeit, in the absence of evidence that the parties then and there intended to bind themselves by an irrevocable contract.</p> <p>[Ed. Note. — For other definitions, see-Words and Phrases, vol. 3, p. 2302.]</p> <p>2. Contracts (§ 274*) — Giving oe Earnest— Recission oe Contract — Sales.</p> <p>Where earnest is given, either party may recede, lie giver by forfeiting the earnest, and the receiver by returning the double. Rev. Civ. Code, art. 2463.</p> <p>[Ed. Note. — For other eases, see Contracts, Dec. Dig. § 274.*]</p> <p>(Syllabus by the Court.)</p>