Cited by

Opinions in Louisiana that cite Ducuy v. Falgoust, 83 So. 2d 118.

21 citing documents.

Claiborne v. Wilson 572 So. 2d 1197 La. Ct. App. 1st Cir. 1990
to support her position.
Bounds v. Makar 493 So. 2d 268 La. Ct. App. 3d Cir. 1986
26 Tulane Law Review 498; , (1955).
Mason v. Coen 449 So. 2d 1195 La. Ct. App. 2d Cir. 1984
Art. 2463; , (1955); (La.App.
Lanusse v. Gerrets 357 So. 2d 45 La. Ct. App. 4th Cir. 1978
(1955) along with Poche v. Ruiz, 239 La.
Fayard v. McCall 355 So. 2d 991 La. Ct. App. 1st Cir. 1978
Kempff v. Morgan 291 So. 2d 520 La. Ct. App. 4th Cir. 1974
Distinguished Wells v. Spears 255 So. 2d 215 La. Ct. App. 1st Cir. 1971
plaintiff-vendor sued for specific performance of an agreement to buy and sell real property after having unsuccessfully tried to remove a cloud from his title.
Jaffe v. Wood 247 So. 2d 229 La. Ct. App. 1st Cir. 1971
.” (Emphasis added) Under the agreement the seller was bound to deliver title when called upon to do so by the purchaser on or before January 15, 1969.
Yarborough v. Anderson 242 So. 2d 11 La. Ct. App. 1st Cir. 1970
Pierre v. Chevalier 233 So. 2d 61 La. Ct. App. 1st Cir. 1970
Under the decision of the *66 , (1955), this would not relieve him of the application of the penalty provision of the contract.
State ex rel. Department of Highways v. Hunt 231 So. 2d 563 La. 1970
68 ; Caldwell v. Caldwell, La.App., ; Ducuy v. Falgoust, on rehearing , ; and Martin v. T. L. James & Co., on rehearing 237 La.
Richmond v. Bode 216 So. 2d 348 La. Ct. App. 5th Cir. 1968
( , ; Nelson v. Holden, 219 La.
duTreil v. Wohlert 210 So. 2d 511 La. Ct. App. 1st Cir. 1968
We are of the opinion that defend-ant breached his contract with plaintiff *514 and that under the terms of the contract plaintiff is entitled to the return of his deposit plus an equal amount as liquidated damages and is also entitled to “costs and reasonable attorney’s fees.” ( , ; Poche v. Ruiz, 239 La.
Crow v. Monsell 200 So. 2d 700 La. Ct. App. 2d Cir. 1967
Under a provision that: "`In the event that the vendor does not comply with this agreement to sell within the time specified, purchaser shall have the right either to demand the return of double the deposit, or specific performance,'" , (1955), that the parties to the contract did not intend the deposit as earnest.
Scurria v. Russo 134 So. 2d 679 La. Ct. App. 4th Cir. 1961
Boudreaux v. Walko Builders, Inc. 130 So. 2d 684 La. Ct. App. 1st Cir. 1961
Williams v. Terese 120 So. 2d 80 La. Ct. App. 1st Cir. 1960
See Ducuy v. Falgoust, 1955, , , and cases therein discussed.
Poche v. Ruiz 119 So. 2d 469 La. 1960
1092 , , , , 1 am of the opinion that plaintiffs are not entitled to recover the penalty provided for in the involved contract.
Haeuser v. Castrogiovanni 106 So. 2d 306 La. 1958
that where earnest money is given the parties have no right to demand specific performance, being relegated entirely to the forfeiture of the deposit or its double.
Langlois v. Continental Insurance Co. 103 So. 2d 72 La. 1958
938 , ; , , on rehearing.
Caplan v. Airport Properties, Inc. 93 So. 2d 661 La. 1957