O'Rourke v. City of New Orleans

Citations

• 106 La. 313

Syllabus

<p>Syllabus.</p> <p>On Motion to Dismiss.</p> <p>Acts of acquiescence must be averred with sufficient particularity to make It evident, if the proof be as alleged, that the intention of the person charged with having acquiesced in a judgment was to comply with the judgment.</p> <p>On the Merits.</p> <p>1. Although the defendants had the authority to have a building demolished as unsafe, yet upon judicial investigation they must sustain the order to tear down the building by sufficient evidence.</p> <p>2. The defendants acted in good faith. The error was one of judgment for which the defendants, under the circumstances, cannot be held in damages.</p>