Whitaker v. Newburger

Citations

• 120 La. 324
• 45 So. 264
• 1907 La. LEXIS 649

Syllabus

<p>Specific Performance — Action bt Vendee.</p> <p>Defendant authorized a real estate broker to sell his vacant property, measuring 105 feet front on Peters avenue by a depth of 150 or 170 feet on Liberty street (square Octavia and Franklin streets), or having such exact measurements as title calls for, for $4,900 cash, subject to examination of title. Purchaser to deposit 10 per cent, at time of acceptance.”</p> <p>The broker under that authorization offered to sell the property to plaintiff for $4,900. Plaintiff accepted the offer, and ' received from the broker a receipt for $490 as a deposit of 10 per cent, of the purchase of lots at the corner of Peters avenue and Liberty street. A survey of the lots at the comer of those streets disclosed that the property measured 100 feet 10 inches front on Peters avenue, instead of 105 feet.</p> <p>The' demand and prayer of the plaintiff in this suit is that defendant be ordered to make title of .the property shown on the survey on the payment to him of $4,707, on the ground that defendant, having sold him 105 feet front on Peters avenue, hence bargained to sell him said property at the rate of $46.67 per front foot, and, as he was unable to deliver the property sold, the purchase price of the property should be reduced at the same rate. The exhibits made part of plaintiff’s petition disclosed affirmatively that defendant never offered to sell the property on the terms alleged by plaintiff, and that the-latter is not entitled to the relief prayed for. The exception of no cause of action was properly sustained.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 44, Specific Performance, §§ 71-79, 196.]</p> <p>(Syllabus by the Court.)</p>