Means v. Ross, Keen & Co.

Citations

• 106 La. 175

Syllabus

<p>Syllabus.</p> <p>1. Defendants were employed by the plaintiff to obtain a cargo for the British ship Bombay. After part of the service had been performed, the employers failed. Although they had failed, defendants could not terminate their agency, put an end to the service partly performed, and become the employes of a third person to the contract between them and their principal.</p> <p>2. The question of reopening the testimony and admitting new evidence is largely left to the discretion of the nisi prius court.</p> <p>S. The accounting due by the agent to Ms principal does not fall within the prescription of three years.</p> <p>4. The facts do not sustain the charge that plaintiff’s claim is a litigious one.</p> <p>5. Defendants admit having received an amount (stated) from the owners of the vessel. This amount, by the terms of their agreement with the charterers of the vessel, is due to the charterers, less their charges and commissions. The total amount due of the ehafges and commissions having been fixed, they were deducted from the amount defendants collected from the owners of the ship.</p>