Whited & Wheless, Ltd. v. Calhoun

Citations

• 122 La. 100
• 47 So. 415
• 1908 La. LEXIS 414

Syllabus

<p>Vendor and Purchaser — Sales—Contract-Construction — Rights Acquired.</p> <p>On August 1, 1907, R. H. Hill, for and on behalf of his principal, J. D. Calhoun, executed an instrument by which it was declared that Calhoun sold, transferred, and assigned to Whited & Wheless, Limited, certain described property for and in consideration of $3,609.30, of which amount the sum of $500 was then and there paid in cash, the balance of the purchase price to be paid on the execution of a satisfactory deed of Calhoun to Whited & Wheless, Limited. The act declared that Calhoun had 30 days to perfect said title without incurring any costs to himself, and that Whited & Wheless had the right to take such title from him as he had within 30 days from that date, and that the $500 cash that day paid should be returned to Whited & Wheless, Limited, in the event that satisfactory title could not be made to said land, in which event the act should be null and void. Whited & Wheless signed this act, which was duly recorded on August 7th.</p> <p>On August 6th Calhoun himself sold the said property to R. E. Wyche and J. B. Ardis foils, 609.30 cash. This act was recorded on August 10th.</p> <p>On August 15th Whited & Wheless wrote to Calhoun, stating that they had been informed of this sale; that the property so sold belonged to them under the act of the 1st of August, and that the attempted sale -was a nullity; that they owed the balance of the price oyer the $500 which had been paid, and then made a formal offer and tender to pay the same, subject, how■ever, to the cancellation of the subsequent sale to Wyche and Ardis. No cancellation haying been made, suit was brought by plaintiff to have their ownership of the property recognized and decreed to have the sale to Wyche and Ar-dis recognized and decreed, and to have the sale to Wyche and Ardis set aside and the registration thereof erased.</p> <p>Judgment was rendered in favor of plaintiffs as prayed for, and defendants appealed. The judgm