Milam-Morgan Co. v. Atlantic Fruit Co.

Citations

• 12 Teiss. 306
• 1915 La. App. LEXIS 55

Syllabus

<p>Syllabus.</p> <p>A contract must be interpreted in a sense that will give it vitality rather than one that will make it lifeless.</p> <p>No default is necessary when the defendant denies the contract sued on, or refuses to perform it, or when it is certain that a tender will be rejected.</p> <p>Want of default must be specially pleaded.</p> <p>Upon the failure of the purchaser to accept and pay for the goods sold, the vendor becomes the agent of the purchaser to administer them to the best advantage by selling them and holding the purchaser liable for the difference between the contract price of sale and the net proceeds of resale, or by keeping them and recovering the difference between the contract price of sale and the market value at the place of delivery at the time they were tendered and refused.</p> <p>In case the vendors make the re-sale themselves they are not entitled to a commission on the sale. They are only entitled to be reimbursed actual expenses.</p>