Provenzano v. Glaesser

Citations

• 122 La. 378
• 47 So. 688
• 1908 La. LEXIS 467

Syllabus

<p>1. Husband and Wife (§ 272*) — Community Property — Dissolution of Community — Effect.</p> <p>A promise of sale made by the head and master of the community and accepted by the promissee before the community is dissolved may be enforced by the promissee after it is dissolved.</p> <p>[Ed. Note. — Eor other cases, see Husband and Wife, Dec. Dig. § 272.*]</p> <p>2. Alteration of Instruments (§ 11*) — Contract.</p> <p>The words inserted in the promise of sale, not inserted by either promisor or promissee, and not shown that it was inserted before the one offering to buy signed, do not vitiate the contract. The inserted words did not bear upon the essential conditions of the contract. It was never pleaded, and only urged in argument on appeal.</p> <p>[Ed. Note. — For other cases, see Alteration of Instruments, Cent. Dig. §§ 61-65; Dec. Dig. § 11.*]</p> <p>3. Vendor and Purchaser (§ 17*) — Sales— Contract — Validity.</p> <p>The document signed contained a complete agreement of promise of sale and promise to buy.</p> <p>[Ed. Note. — For other cases, see Vendor and Purchaser, Cent. Dig. § 21; Dec. Dig. § 17.*]</p> <p>4. Vendor and Purchaser (§ 3*) — Earnest Money.</p> <p>An amount will not be considered earnest money in face of the positive declaration that it was not so intended.</p> <p>[Ed. Note. — For other cases, see Vendor and Purchaser, Dec. Dig. § 3.*]</p> <p>Monroe and Provosty, JJ., dissenting.</p> <p>(Syllabus by the Court.)</p>