Southern Sawmill Co. v. Ducote
Citations
- 120 La. 1052
- 46 So. 20
- 1908 La. LEXIS 608
Syllabus
<p>1. CORPORATIONS — RIGHT OP ACTION.</p> <p>A corporation may sue in its own name, without designating its president or other officers. In such a case the corporation appears through its attorney, whose authority is presumed.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 12, Corporations, §§ 1953-1957, 1975.]</p> <p>2. Sales — Breach oe Contract — Damages.</p> <p>Where the defendant violated his contract to deliver lumber of specified grades and quantity within a certain fixed time, the purchaser is entitled to recover as damages the amount of profits of which he had been thereby deprived.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 43, Sales, § 1196.]</p> <p>3. Contracts — Action por Breach — Demand op Performance.</p> <p>In a suit for damages, a putting in default by formal demand for performance is not required as- a prerequisite, where the defendant denied the existence of the contract, or refused, or was admittedly unable, to perform his part.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 11, Contracts, §§ 1217-1219.]</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that expert in ERISA case cannot “purport to define the meaning of ‘prudence’ ... [because] the question whether a fiduciary has acted prudently under ERISA is informed by legal precepts and precedents to which [expert] may not testify”
- “Experience is not a methodology. Methodology is the process by which the expert relates his experience to the facts at hand in order to reach an expert opinion.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Land
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