Moorman v. Plummer Lumber Co.

Citations

• 113 La. 429
• 37 So. 17
• 1904 La. LEXIS 661

Syllabus

<p>COJIFROMISE — BINDING EFFECT — ESTOPPEL.</p> <p>1. The parties entered into a contract by which the plaintiff, a sawmill owner, was to receive and saw lumber sent to him by defendant at $5 per thousand feet, as a consideration. It was stipulated between the parties that the contract should continue so long as it was satisfactory to each party, and that, in the event of its being unsatisfactory, the party dissatisfied was to give the other notice in advance, so that arrangements could be made for future sawing, etc. While the contract was being executed, the plaintiff became dissatisfied with .the character of the logs sent to him, claiming that they were not such as it had been represented they would be, and he notified the defendant of his intention to terminate the contract. A conference took place between the parties, which resulted in a supplemental agreement that the price to be paid thereafter to the plaintiff was to be $5.50 per thousand feet instead of $5. The contract was then carried out to full execution, defendant paying, without complaint, on the basis of the supplemental agreement.</p> <p>The first complaint made was in the answer to this suit. The supplemental agreement was a compromise between the parties of really existing differences between them as to their respective rights and obligations.</p> <p>2. The defendant having obtained, through a supplemental agreement, a continuance of the contract to full completion, which was to its advantage, could not, after obtaining the resulting benefit, repudiate the agreement.</p> <p>(Syllabus by the Court.)</p>