Ware v. Couvillion

Citations

• 112 La. 43
• 36 So. 220
• 1904 La. LEXIS 366

Syllabus

<p>SALE — RESCISSION — LESION BEYOND MOIETY-TENDER OE PRICE — CERTIORARI—PROCEDURE.</p> <p>1. Where a plaintiff alleges that he has sold certain immovable property, the value of which is $1,500, for $200, and that the inequality of the price paid “renders the sale null and void,” the fact that he also alleges that he made the sale by reason of error and ignorance of the value of the property, superinduced by misrepresentation on the part of the defendant, does not deprive the proceeding of its character as an action to rescind for lesion beyond moiety.</p> <p>2. Tender of the price received is not a condition precedent to the bringing and maintenance of an action to rescind a sale for lesion beyond moiety.</p> <p>3. Where a judgment is ordered up for review, under article 101 of the Constitution, at the instance of one of the parties to a cause, to correct a supposed error of which he complains, the opposing litigant, who has made no complaint and sought no remedy, cannot avail himself of the occasion to have such judgment amended for his benefit.</p> <p>(Syllabus by the Court.)</p>