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· 4/27/1903

Payne v. Amos Kent Brick & Lumber Co.

Citations

  • 110 La. 750
  • 34 So. 763
  • 1903 La. LEXIS 704

Syllabus

<p>ACTION QN CONTRACT — BREACH—DAMAGES IN RECONVENTION — WAIVER.</p> <p>1. Plaintiffs sue for an amount they claim under a 'contract entered into with defendants.</p> <p>Defendarits aver breach of contract, and claim damages in reconvention.</p> <p>Plaintiffs have a right to the amount claimed on the contract.</p> <p>2. Defendants are entitled to part of the amount claimed in reconvention.</p> <p>3. When the violation of a contract is active or positive, default is not requisite to the recovery of damages.</p> <p>4. Performing a contract unskillfully, by constructing defective machinery on the premises a person who had contracted for a first-class outfit and appliances, is an active violation of the contract. Levy v. Schwartz & Bro., 34 La. Ann. 214.</p> <p>5. The defendants could not reasonably do otherwise than to accept the situation, and make the best use possible of the outfit and appliances in their defective condition. They did not thereby 'waive their right to damages.</p> <p>6. The defendants failed to sustain part of their reconventional demand with sufficient evidence. To that extent, the demand is dismissed.</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.

  • concluding that the plaintiff, a provider of home health services, had a property interest in the Medicare payments for services rendered
  • finding that a provider did not establish that it was statutorily entitled to suspension of recoupment because an ALJ hearing could not be accomplished within 90 days
  • “‘an interest in the Medicare payments for properly billed claims that are not being recouped by the government.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Breaux

Read full opinion on CourtListener

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