Sitman v. Lindsey

Citations

• 123 La. 53
• 48 So. 646
• 1908 La. LEXIS 614

Syllabus

<p>Sales (§ 174*) — Actions foe Nonperformance of Contract — Action by Buyer in Default — Damages.</p> <p>Where a buyer of lumber failed to pay for it as provided by the contract, and the seller stopped delivering after endeavoring in vain to collect the overdue payments, the buyer could not recover damages for the seller’s refusal to further perform, since, under Civ. Code, art. 1913, a party cannot claim damages for the nonperformance of a contract as to which he himself is in default.</p> <p>[Ed. Note. — For other cases, see Sales, Cent. Dig. § 434; Dec. Dig. § 174.*]</p>