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
Judges: Nicholls
Read full opinion on CourtListenerCited by
8 cases in this archive cite this case.
- Ogg v. HermanMontana Supreme Court· 1924-06-17· cited 27×
- Arkansas Fuel Oil Corporation v. MaggioLouisiana Court of Appeal· 1962-05-07· cited 17×
- Toler v. Pacific Intern. Petroleum, Inc.Louisiana Court of Appeal· 1985-02-27· cited 9×
- Alex F. Dreyfus Co. v. BreenLouisiana Court of Appeal· 1930-02-17· cited 4×
- Le Blanc v. WatsonFifth Circuit· 1926-05-12· cited 2×
- D'Arbonne Sewerage, Inc. v. SandersLouisiana Court of Appeal· 1972-02-29· cited 2×
- Shatford v. Gulf Refining Co.W.D. Louisiana· 1946-05-10· cited 2×
- Huber v. TaussigSupreme Court of Louisiana· 1953-12-14· cited 1×
Cites
27 cases in this archive are cited by this case; the 20 most cited are listed.
- Campbell v. A. Lambert & Co.Supreme Court of Louisiana· 1884-01-15· cited 37×
- Capo v. BugdahlSupreme Court of Louisiana· 1906-11-12· cited 36×
- State ex rel. Bulkley v. Whited & Wheless, Ltd.Supreme Court of Louisiana· 1900-11-15· cited 32×
- Girault v. FeuchtSupreme Court of Louisiana· 1906-05-07· cited 30×
- Peck v. BemissSupreme Court of Louisiana· 1855-02-15· cited 27×
- Collins v. DesmaretSupreme Court of Louisiana· 1893-01-15· cited 23×
- Baldwin v. MoreySupreme Court of Louisiana· 1889-12-15· cited 18×
- Lehman v. RiceSupreme Court of Louisiana· 1907-04-15· cited 17×
- Barfield v. SaundersSupreme Court of Louisiana· 1906-02-12· cited 16×
- Blackshear v. HoodSupreme Court of Louisiana· 1908-03-02· cited 16×
- Lozes v. Segura Sugar Co.Supreme Court of Louisiana· 1900-06-15· cited 16×
- Bennett v. FullerSupreme Court of Louisiana· 1877-07-15· cited 15×
- Landèche v. SarpySupreme Court of Louisiana· 1885-11-15· cited 14×
- Slocomb v. de LizardiSupreme Court of Louisiana· 1869-05-15· cited 13×
- Avery v. AllainSupreme Court of Louisiana· 1845-07-15· cited 12×
- Kemper's Heirs v. HulickSupreme Court of Louisiana· 1840-09-15· cited 9×
- Pennington v. HowlandSupreme Court of Rhode Island· 1898-10-17· cited 8×
- Garrett v. CrooksSupreme Court of Louisiana· 1860-07-15· cited 8×
- McDonald v. AubertSupreme Court of Louisiana· 1841-01-15· cited 7×
- Hutchings v. FieldSupreme Court of Louisiana· 1836-09-15· cited 6×
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