Lyons v. American Cigar Co.

Citations

• 121 La. 593
• 46 So. 662
• 1908 La. LEXIS 721

Syllabus

<p>1. Specific Peefoemance — Veebal Contract.</p> <p>In order that a contract for the sale of real estate be enforced, or that damages be recovered for noncompliance therewith, such contract (save where the vendee is put in actual possession of the property) must be in writing; hence a petition which sets up a written contract, purporting to be a promise to sell and buy real estate, and also sets up a subsequent verbal contract, whereby an essential condition of the written contract is alleged to have been abrogated and superseded, and which, praying for the enforcement of both contracts, demands the forfeiture of the deposit made by the proposed vendee, discloses no cause of action.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 44, Specific Performance, § 113.]</p> <p>2. Same — Pleading.</p> <p>An allegation that one has made no effort to do_ is not the equivalent of an allegation that one is able to do. The failure to make the effort may be predicated upon knowledge of its futility. “Lex neminem cogit ad vana.”</p> <p>(Syllabus by the Oourt.)</p>