Mackoy v. Holton

Citations

• 8 La. Ann. 48

Syllabus

<p>The usage, on the neglect, or refusal of the buyer to come in a reasonable time, after notice, and pay for and take the goods, is for the vendor to sell the same at auction, and to hold the buyer responsible for any deficiency in the amount of sales.</p> <p>It may be true, under the strict rules of pleading at Common Law, that a plaintiff is bound to affirm his contract by bringing his action for damages for the non-performance of it, or disaffirm the agreement ab iwiUo, and bring his action for money had and received to his use. Under our practice, if defendants do not except and force the plaintiff to make an election, it is too late after evidence has been taken and trial had, to raise an objection of this character.</p> <p>Facts that show an intention to rescind a contract.</p>