Manning v. Cohen

Citations

• 124 La. 869
• 50 So. 778
• 1909 La. LEXIS 557

Syllabus

<p>1. Specific Performance (§. 129*) — Damages ■ — Attorney’s Pees.</p> <p>Attorney’s fees are not recoverable as part of the damages in a suit for specific performance.</p> <p>2. Specific Performance (§ 129*) — Scope of Relief — Damages. __</p> <p>__ Rev. Civ. Code, art. Í926, provides that on the breach of any obligation to do, or not to do, the obligee is entitled either to damages, or, in cases which permit it, to a specific performance of the contract, at his option, or he may require the'dissolution of the contract, and in all these cases damages may be given where they have accrued, according to the rules established in the succeeding section, and article 2486 declares that in all cases the seller is liable to damages if there result any detriment to the buyer occasioned by nondelivery at the time agreed on. Held, that the vendee was not required to elect between specific performance and damages, but was entitled in a suit for performance to recover damages.</p> <p>3. Specific Performance (§ 129*) —Relief Dem anded — Damages.</p> <p>Where, in a vendee’s suit for specific performance, it appeared that on the vendor’s refusal to perform the vendee retained the cash payment, he was entitled to recover as damages the amount of rents lost to him during the period when he was entitled to possession under the contract, less the interest on the payment retained.</p>