Southern Sawmill Co. v. Baldwin Lumber Co.

Citations

• 120 La. 975
• 45 So. 961
• 1908 La. LEXIS 598

Syllabus

<p>Specific Pebfobmance — Pleading — Contract — Conditions Precedent.</p> <p>Where the petition alleges that plaintiff has elected to accept an option whereby, under a contract with defendant for the delivery of 5,000,000 feet of lumber, an additional 5,000,000 feet were to be delivered at prices to be fixed under certain conditions, by a named third person, and there is no allegation that the prices have been fixed, and plaintiff prays judgment condemning defendant to deliver the lumber, an exception of “no cause of action” should be sustained ; and where in such case, upon the trial on the merits, plaintiff proves no more than is alleged, the demand is properly rejected.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol.. 44, Specific Performance, §§ 356-372.]</p> <p>(Syllabus by the Court.)</p>