Pratt v. Hart Jewelry Co.

Citations

• 14 Teiss. 94
• 1916 La. App. LEXIS 132

Syllabus

<p>Syllabus.</p> <p>1. The deposit cannot be withheld on pretense of a debt distinct from the deposit or by way -of offset. R. C. C. 2956, 2210.</p> <p>2. R. C. C. 1551, which provides that the donation passes to the donee subject to all charges, has no application to a case where a vendor knows that the thing is purchased by the vendee for the avowed purpose of giving it to another and where at the. moment of the purchase and in the presence of the vendor the donation is in fact made to the contefnplated donee. Such circumstances imply a waiver of the privilege for the price on the part of the vendor.</p>