Ronaldson & Puckett Co. v. Bynum

Citations

• 122 La. 687
• 48 So. 152
• 1908 La. LEXIS 509

Syllabus

<p>1. CORPORATIONS (§ 434*) — POWERS — POWER to Buy and Sell Land.</p> <p>In the course of its business, a corporation is not prohibited from owning lands.</p> <p>[Ed. Note. — For other cases, see Corporations, Cent. Dig. §§ 1765, 1766; Dec. Dig. § 434.*]</p> <p>2. Corporations (§ 434*) — Powers — Power to Buy and Sell Land.</p> <p>To the end of securing a claim, it may buy land.</p> <p>[Ed. Note. — For other cases, see Corporations, Cent. Dig. § 1766; Dec. Dig. § 434.*]</p> <p>3. Corporations (§ 435*) — Powers — Power to Buy and Sell Land.</p> <p>The “powers clause” of the charter in part reads, “And to these ends it may acquire and dispose of any and all real estate necessary for its purposes.” The power is not violative of Const, art. 265.</p> <p>[Ed. Note. — For other cases, see Corporations, Cent. Dig. § 1766; Dec. Dig. § 435.*]</p> <p>4. Tender (§ 16*) — Excuses for Insufficiency — Refusal to Accept.</p> <p>Defendant’s refusal to carry out the contract had a waiving effect as relates to tender. There was no necessity of going further in attempting to tender the price. The defendant positively refused to receive it, and stated that there was no necessity of counting the amount tendered.</p> <p>[Ed. Note. — For other cases, see Tender, Cent. Dig. § 52; Dec. Dig. § 16.*]</p> <p>5. Vendor and Purchaser (§§ 350, 351*) — Sales — Refusal to Convey — Damages—Lesion.</p> <p>In matter of determining lesion, the value of the property at the date that the option was accepted (and not the date of the offer to sell) is to be ascertained; and, as to value, its different elements should be proven with reasonable certainty.</p> <p>[Ed. Note. — For other cases, see Vendor and Purchaser, Cent. Dig. §§ 1050, 1043; Dec. Dig. §§ 350, 351.*]</p> <p>6. Variance in Evidence.</p> <p>There is some variance in the testimony, in order to establish beyond question the value. of the land upon which the title depends.</p> <p>(Syllabus by the Court.)</p>