New Iberia Rice Milling Co. v. Romero

Citations

• 105 La. 439

Syllabus

<p>Syllabus.</p> <p>1. A written instrument, purporting to embody an agreement concerning a matter not required to be in writing, which bears the signatures of the party of the one part only, has, of itself, no binding effect as to the party of the - other part, who has not signed, but the fact that the latter has entered into the contract may be shown by his execution thereof, with the concurrence of the former.</p> <p>2. A contract whereby a company engaged in furnishing water to rice farmers by irrigation, acquires the right-to conduct such water by means of a canal or ditch through one farm to another does not impose a real servitude on the farm through which the water is conducted.</p> <p>3. A mandatory writ of injunction may issue ea> parte, or without a hearing on the merits, in some cases, as for instance, where a prohibitory writ issues, restraining one from obstructing the exercise of a right, the obstruction may be commanded to be removed because its continuance inflicts the injury which is prohibited.</p> <p>4. The defence that a private corporation, suing on a contract, has no standing in court because the making of such contract was ultra vires of the corporation, will not be considered if suggested for the first time in the argument. It should be’ specifically set up in the pleadings.</p>