Pulford v. Dimmick

Citations

• 107 La. 403

Syllabus

<p>Syllabus.</p> <p>1. In the contract of sale it is essential that the price be certain — fixed and determined between the parties.</p> <p>2. So, too. a fixed price is of the essence of the contract of dation en paiement.</p> <p>3. While the validity of a sale or dation does not depend on a price being fixed with certainty in the aot, it does depend on a certain price having been agreed upon by the parties, or left to the arbitration of a third person who fixes it.</p> <p>4. And a transfer in writing of real estate, attacked, must be held null, either as a sale or a dation, if it be not shown that it was made for a price that was agreed on.</p> <p>5. While it is true that the rules peculiar to donations inter vivos do not apply to remunerative donations, this is not without exception. For instance, where the value of the object given exceeds by one-half the amount of the charges, or the value of the services, it is necessary the aet of donation should, like gratuitous donations, be passed before a notary and two witnesses.</p> <p>Judgment appealed from amended and affirmed.</p>