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· 5/10/1909

M. P. Doullut & Son v. Board of Com'rs of Orleans Levee Dist.

Citations

  • 123 La. 936
  • 49 So. 647
  • 1909 La. LEXIS 804

Syllabus

<p>Levees (§ 16*) — Construction — Contracts —Breach.</p> <p>Where a levee board let a contract for the-removal of all piles in a certain district “asmav be designated” by its engineer, and a large number of piles were so designated, removed, and the stipulated price per pile paid, and the levee board thereupon notified the contractors that the agreement was abrogated, and thereafter the contractors sued for damages for alleged breach of the contract as to the remainder of the piles, held, that the contract covered only the piles designated, and that the contractors-cannot recover damages in the absence of allegations showing that they were misled as to-the number of piles to be removed, or that the levee board acted in bad faith in the cancellation of the contract.</p> <p>[Ed. Note. — For other cases, see Levees, Dec. Dig. § 16.*]</p> <p>(Syllabus by the Court.)</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • providing that the Smart Cover is “sized to fit directly and precisely over the screen of an iPad 2”
  • noting that Apple avers that the exterior is, more specifically, “comprised of polyethylene and polyure- thane”
  • “An ‘ac- cessory’ is therefore something that relates directly to and serves a secondary or subordinate function to the item ac- cessorized.”
  • “A ‘cover’ is therefore something that goes over or encompasses a specific object and offers protection.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Land

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