State ex rel. Bulkley v. Whited & Wheless, Ltd.

Citations

• 104 La. 125

Syllabus

<p>Syllabus.</p> <p>Wlien all the essential elements and conditions for an absolute sale are present in a contract between parties the effects flowing legally from that contract follow whether the parties foresaw and intended them or not, and though they may refer to the contract as an agreement to sell and not a sale.</p> <p>The fact of placing the thing which formed the object of the sale and the negotiable notes, evidencing the obligations of the purchaser in the hands of a third party to be by him delivered when the parties should have complied with their obligations fully, is not indicative of a suspensive condition, but of a precautionary measure resorted to by the parties to safeguard their respective interests under the sale.</p>