Rudolf v. Costa

Citations

• 119 La. 781
• 44 So. 477
• 1907 La. LEXIS 550

Syllabus

<p>1. Cancellation oe Instruments — Limitation oe Actions — A Sale.</p> <p>In an action to set aside a contract for want of consideration, plaintiffs do not sustain the cause they set up.</p> <p>2. Same — A Price was Paid.</p> <p>There was a price. The term “annuity” is used in the act attacked. It is a sale of property for a stated consideration.</p> <p>■3. Same — Four Tears’ Prescription.</p> <p>The contract, if there was lesion, is not null on that ground, as four years have elapsed.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 33, Limitation of Actions, § 336.]</p> <p>•4. Same — Condition Precedent — Restoration oe Consideration — Want oe Tender. The purchaser had a right to the return of the cash installment paid by him. No tender ■of this amount was made.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 8, Cancellation of Instruments, §§ 33-38.]</p> <p>-5. Same — Vendor’s Privilege and Mortgage.</p> <p>Had the purchaser not paid, vendors would have had the right, in accordance with the stipulations of the contract, to foreclose, or to exercise the resolutory condition, as in any other act translative of property.</p> <p>■6. Same —All Conditions Fulfilled bt Purchaser.</p> <p>The purchaser performed the promises he had made in accordance with the contract.</p> <p>’7. Same — Persons Entitled to Cancellation — Particeps Criminis — Disposition as Between Vendors.</p> <p>The declarations of the deed relating to annuity, aleatory conditions, and the disposition the vendors proposed to make of the proceeds of the sale cannot affect the rights of the purchaser, who was no party to these declarations, and if he had been, and the agreement between the parties, the two vendors, had been against public policy and good morals, the parties must 'be left where they placed themselves.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 11, Contracts, §§ 6&L689.]</p> <p>8. Same — Good Faith and Valid Title.</p> <p>Plea of prescription also pre