Cited by
Opinions in Louisiana that cite Friedman Iron & Supply Co. v. J. B. Beaird Co., 63 So. 2d 144.
- Amoco Production Co. v. Texaco, Inc. 838 So. 2d 821 La. Ct. App. 3d Cir. 2003
-
Sanson Four Rentals, LLC v. Faulk
803 So. 2d 1048
La. Ct. App. 2d Cir. 2001
Beaird Co., , (1952): It is presumed, in the sale of personal property, that the parties contemplated the difference between the contract price of the thing sold and the market value at the time and place at which it was to be delivered when they entered into the contract.
-
Barnco Intern., Inc. v. Arkla, Inc.
684 So. 2d 986
La. Ct. App. 2d Cir. 1996
See Friedman Iron & , (1952); (La.App.
-
Thompson v. Ellis
680 So. 2d 172
La. Ct. App. 1st Cir. 1996
Beaird Co., Inc., , (1952); (La.App.
- May v. Winn Dixie Louisiana, Inc. 613 So. 2d 1026 La. Ct. App. 3d Cir. 1993
-
State v. Romero
533 So. 2d 1264
La. Ct. App. 3d Cir. 1988
1982); Friedman Iron & , (1953); La.Evid.Code art. 803(17) (effective Jan.
-
Guillory v. Trinity Universal Insurance Co.
520 So. 2d 1071
La. Ct. App. 1st Cir. 1987
Beaird Co., Inc., , (1952); (La.App.
-
McBride v. Hebert
490 So. 2d 454
La. Ct. App. 1st Cir. 1986
Beaird Co., Inc., , (1952); (La.App.
- Security National Bank of Shreveport v. Terrell 482 So. 2d 919 La. Ct. App. 1st Cir. 1986
-
SECURITY NAT. BANK OF SHREVEPORT v. Terrell
459 So. 2d 131
La. Ct. App. 2d Cir. 1984
Beaird Company, , , (1953).
- Lynch v. Lynch 422 So. 2d 703 La. Ct. App. 3d Cir. 1982
-
Smith v. Moncrief
421 So. 2d 1127
La. Ct. App. 3d Cir. 1982
Beaird Co., Inc., , (1952); (La.App.
-
Ehrhardt v. Cummins
369 So. 2d 213
La. Ct. App. 3d Cir. 1979
Friedman Iron and Supply Co. v. J. B. Beaird Co., Inc., , (1952); (La.App.
-
Wexler v. Martin
367 So. 2d 111
La. Ct. App. 4th Cir. 1979
[1] Friedman Iron & , ; State Dept. of Highways v. Terrebonne, La.App., , writ denied, La., ; Foreman v. General Elec.
-
Succession of Pierson
339 So. 2d 1337
La. Ct. App. 3d Cir. 1977
In Friedman Iron & Supply Co. v. Beaird Co., Inc., , (1953) the court stated: "Taking up these points in the order just presented, regarding the first it is hardly necessary to have to state that a plaintiff cannot recover a greater amount than what he prays for.
-
Jones v. Louisiana Dept. of Highways
338 So. 2d 343
La. Ct. App. 3d Cir. 1977
See Friedman Iron and Supply Company v. *344 Beaird Company, Inc., , (1953); writ refused
-
Foret v. Aetna Life & Cas. Co.
337 So. 2d 676
La. Ct. App. 3d Cir. 1976
In Friedman Iron & Supply Co. v. Beaird Co., Inc., , (S.Ct.1953) the court stated: "Taking up these points in the order just presented, regarding the first it is hardly necessary to have to state that a plaintiff cannot recover a greater amount than what he prays for.
-
Alumaglass Corp. v. Adm'x of Succession of Kendrick
303 So. 2d 911
La. Ct. App. 1st Cir. 1975
Friedman Iron & Supply Co. v. J. B. *916 Beaird Co., Inc., , .
-
Schuylkill Products Co. v. Alloy Metal Products, Inc.
219 So. 2d 322
La. Ct. App. 1st Cir. 1969
This same rule of law was cited in the case of Friedman Iron & , , where the Court said: “ * * * This court has on numerous occasions pointed out that the measure of damages for the breach of a contract of sale, where no fraud is shown, is the difference between the contract price and the market price of the goods on the date of the breach.” Emphasis supplied by that
-
St. Cyr v. Bryant
203 So. 2d 834
La. Ct. App. 5th Cir. 1967
In Friedman Iron & , , the Supreme Court said on rehearing: “Under the provisions of Article 1934, LSA-Civil Code, the damages due the plaintiff for the defendant’s breach of the contract is the amount of the loss the plaintiff has sustained and the profit of which it has been deprived * * *.
-
SCHEINUK FLORIST, INC. v. Southern Bell T. & T. Co.
128 So. 2d 683
La. Ct. App. 4th Cir. 1961
341, an English case followed by Louisiana courts; Friedman Iron & Supply Co. v. J. B. Beaird Co., 1952, , .
-
Dairy Specialties, Inc. v. Verbene
117 So. 2d 632
La. Ct. App. 1st Cir. 1960
“When there is an active violation of the contract, damages are due from tbe moment the act of contravention has been done, and the creditor is under no obligation to put the debtor in default, in order to entitle him to his action.” See also Friedman Iron & Supply Co. v. J. B. Beaird Co., 1952, , .
-
Modicut v. Rist
98 So. 2d 268
La. Ct. App. 1st Cir. 1957
Friedman Iron & , ; Bayou Rapides Lbr.
-
Pepper v. Katz
77 So. 2d 891
La. Ct. App. 1st Cir. 1955
In Friedman Iron & Supply Co. v. J. B. Beaird Co., Inc., , , on rehearing the Court said: “ * * * This rule of law is based on solid grounds because neither a plaintiff nor a defendant should be permitted to select the market value of a date different from that on which the contract was breached for the purpose of determining whether any loss was suffered