Losecco v. Gregory

Citations

• 108 La. 648

Syllabus

<p>Syllabus.</p> <p>1. An agreement stipulating a sale of “all oranges my trees may produce in the years 1899 and 1900,” held not to be an aleatory contract.</p> <p>2. A clause in the contract reciting that “purchaser assumes all risks,” held to mean all usual, known, ordinary, foreseen risks that may attend the Inception, growth, development and maturity of the orange crop; not extraordinary or unforeseen risks, like the utter destruction of the entire grove of trees.</p> <p>3. This assumption of risk by the purchaser applies to the thing sold, viz., the orange crop; not to that which was to produce the crops — the trees themselves. Its application cannot be extended to the inclusion of the life of the trees.</p> <p>On Application foe Reheabing.</p> <p>1. By our code the hope of a future crop is made merchantable as an incorporeal thing separate from the crop, so that parties may make either this hope, or the crop itself the subject of their contract of sale.</p> <p>2. Where the future crop Itself is sold the sale becomes null for want of a thing to constitute its subject, if the crop fails entirely, or practically so; and in such case the price must be restored.</p> <p>3. But where only the hope is sold, the sale is proof against eventualities.</p> <p>4. The hope is a presently existing thing, and it not being susceptible of delivery, Its delivery accompanies the act of sale; the seller of it no more warrants its continued existence, or the continued existence of the conditions which form its basis, than the seller of a horse warrants the continued existence of the horse.</p> <p>6. Written contracts are to be construed not so much according to mere verbal criticism as according to what, all things considered, was most probably the Intention of the parties.</p> <p>6. Clauses couched in general terms, which If taken literally would lead to inadmissible consequences, must be construed according to what, under all the circumstances of the matter, was most probably the