Louisiana-Texas Oil & Pipe Line Co. v. Atlanta Oil & Gas Co.

Citations

• 124 La. 385
• 50 So. 409
• 1909 La. LEXIS 473

Syllabus

<p>1. Pledges (§ 27*) — Liability op PledgeeRental Value op Property Pledged.</p> <p>The pledgee of oil machinery, who has not used the same for his own benefit, cannot be charged with its rental value by the pledgor, who has failed to redeem it pursuant to contract.</p> <p>2. Appeal and Error (§ 842*) — Review-Question of Fact.</p> <p>The question of damages to oil machiner-y while held in pledge is an issue of fact, on which the judgment below will not be disturbed, unless clearly erroneous.</p> <p>3. Contracts (§ 319*) — Performance—Supplemental Contract — Default.</p> <p>When a contract to sink a well to a certain depth has been performed, and the driller has thereby earned the stipulated compensation, his failure to comply with a supplemental contract to sink the -well deeper -will not affect the right acquired under the previous contract.</p> <p>(Syllabus by the Court.)</p>