Lehman v. Rice

Citations

• 118 La. 975
• 43 So. 639
• 1907 La. LEXIS 833

Syllabus

<p>1. Vendor and Purchaser — Promise to Sell —Construction.</p> <p>A promise of sale amounts to a sale in the sense that it gives the purchaser the right to demand a specific performance of the obligation to transfer and deliver the property. Where the conditions have been performed, the legal' title passes as of date of the original agreement.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 48, Vendor and Purchaser, §§ 83-85.]</p> <p>2. Same — Bona Fide Purchaser.</p> <p>A promise of sale duly accepted and recorded confers a real right on the purchaser, of which third persons are bound to take notice, and such right cannot be defeated by a subsequent sale of the same property recorded prior to the execution of the deed pursuant to the promise of sale.</p> <p>(Syllabus by the Court.)</p>