Schmitz v. Peterson

Citations

• 113 La. 134
• 36 So. 915
• 1904 La. LEXIS 629

Syllabus

<p>CONTRACTS — ENFORCEMENT—-MISTAKE — SALE— RESCISSION — PARTIES.</p> <p>1. The law will not maintain a contract, the consent to which of one of the parties is the result of error as to the substance of the contract, the error being caused by false representations of the other party, or where the error, if not caused by him directly, has been participated in and made, effective by him. Ashley v. Schmalinski, 15 South. 1, 46 La. Ann. 499; Civ. Code, arts. 1824, 1847, par. 9.</p> <p>2. When plaintiff in an action for rescission of a sale has made the vendor of his vendor a party defendant under the belief that he was a necessary party, and he has remained in the case until judgment, his own vendees cannot obtain judgment against him, and pray for judgment against him under the citation made by the plaintiff, and not themselves.</p> <p>(Syllabus by the Court.)</p>