47270 Precedential Processed

Womack v. Sternberg

Louisiana Supreme Court · Filed February 23, 1965 · 172 So. 2d 683

Also decided on this docket: La., May 27, 1964 164 So. 2d 359

Cited by

Opinion text

HAMLIN, Justice (dissenting): This case involves exceptional circumstances, and no case cited in the majority opinion nor in the dissenting opinion has the same or a similar situation involved. I have taken the following factors into consideration: 1. The prices for the houses set out in the agreement are firm prices; 2. The value of the mortgage paper is a firm value; 3. The trial court, who saw and heard the witnesses and noted their demeanor on the stand, found bad faith on the part of Sternberg; 4. The majority opinion merely entertains “grave doubt” as to the trial judge’s resolution that Sternberg was • in bad faith. I believe that, in view of the exceptional circumstances of this case, the result reached by the Court of Appeal is correct. I respectfully dissent.