Lozes v. Segura Sugar Co.

Citations

• 52 La. Ann. 1844

Syllabus

<p>Syllabus.</p> <p>1. A contract containing several clauses, evidencing a business agreement between the contracting parties, is to be viewed as a whole and the intentions of the parties gathered from all the parts thereof, to the end of giving practical effect to the instrument in the way in which such contracts are ordinarily understood.</p> <p>2. Under the terms of this contract, Held: That no completed transaction as to the sale and purchase of the growing sugar cane took place when the contract was signed; that the cane grower did not become the mere agent of the factory to cut the cane and deliver it at the place agreed upon; that the cane remained his property and was at his risk and expense until delivered, at the place named, in the condition stipulated for in the contract.</p> <p>3. But the factory was charged with the responsibility of providing at the place of delivery (the tram switch) sufficient cars, between specified dates, in which to load the cane. Failure in this particular, the cane grower being ready to deliver and offering to deliver, makes the factory liable for resulting losses.</p> <p>4. Where one party offers to perform a condition precedent, and is prevented by the other, the offer, under proper circumstances, will be treated as performance, and the conduct or omission of the other as excusing a useless effort to perform.</p>