Nick v. Bautovich
Citations
- 119 La. 1039
- 44 So. 880
- 1907 La. LEXIS 588
Syllabus
<p>1. Auctions — Sale of Land — Plan—Rights qe Purchasers.</p> <p>Where a plan by which an urban lot was sold at public auction was so grossly inaccurate as to the boundary lines as to represent the area of the property as much greater than it really was, and the adjudicatee was misled by the plan, the adjudication will be canceled on the ground of error as to the thing intended to be purchased.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 5, Auctions and Auctioneers, § 32.]</p> <p>2. Same.</p> <p>In such a case the verbal declarations of the auctioneer as to nonwarranty of the extent of one of the boundaries will not affect the adjudicatee, who did not hear such declarations, if made, but purchased on the faith of the plan referred to in the advertisement and exhibited by the auctioneer at the time of the sale.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 5, Auctions and Auctioneers, §§ 31, 32.]</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “courts routinely take judicial notice of the governing collective bargaining agreement where necessary to resolve issues of preemption.”
- collecting cases 22 and concluding that claims arising under California Labor Code sections 222 and 223 are 23 not preempted
- noting, “although Rule 12(c) does not mention leave to amend, courts 2 || have discretion . .. to grant a Rule 12(c
- granting judicial notice as 11 to CBA for preemption issues on judgment on the pleadings
- collecting cases and concluding that 10 claims arising under California Labor Code sections 222 and 223 11 are not preempted
- finding 14 plaintiff’s PAGA claims were not preempted by LMRA where they were derivative of other, non- 15 preempted claims
Source: CourtListener parenthetical corpus (CC0).
Judges: Land
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