Cited by
Opinions in Louisiana that cite Sliman v. McBee, 311 So. 2d 248.
- Atlantic Pacific Equipment, Inc. v. Gulf South Services, Inc. f/k/a/ Gulf South Scaffolding, Inc. La. Ct. App. 1st Cir. 2022
- Collins v. Hill 265 So. 3d 1202 La. Ct. App. 2d Cir. 2019
- Stroope v. Smith 199 So. 3d 612 La. Ct. App. 2d Cir. 2016
- Shaun Steckler v. Lafayette Consolidated Government La. Ct. App. 3d Cir. 2011
- Steckler v. Lafayette Consolidated Government 76 So. 3d 161 La. Ct. App. 1st Cir. 2011
- Butler v. Reeder 628 So. 2d 99 La. Ct. App. 1st Cir. 1993
- Razorback Oil Tools v. Taylor Oil Tools 626 So. 2d 28 La. Ct. App. 1st Cir. 1993
- Smith v. Howell Industries, Inc. 579 So. 2d 1236 La. Ct. App. 3d Cir. 1991
- Amerson v. LOUISIANA DEPT. OF TRANSPORTATION AND DEVELOPMENT 570 So. 2d 51 La. Ct. App. 5th Cir. 1990
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LeBlanc v. Bernard
554 So. 2d 1378
La. Ct. App. 1st Cir. 1989
The trial court determined that none of the purchase price was ever paid (a fact not controverted at trial) and ordered dissolution of the sale from plaintiff to LeBlanc, (La.
- CHARLES E. McDONALD LAND DEV. v. Cashio 552 So. 2d 1050 La. Ct. App. 1st Cir. 1989
- McNeal v. Normand 552 So. 2d 1234 La. Ct. App. 3d Cir. 1989
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Preis v. Standard Coffee Service Co.
545 So. 2d 1010
La. 1989
1976); Dixon, Booksh and Zimmering, Res Judicata in Louisiana Since Hope v. Madison, 51 Tul.L.Rev.
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Ward v. Pennington
523 So. 2d 1286
La. 1988
Comment, Res JudicataMatters Which Might Have Been Pleaded, 2 La.L.Rev.
- Landry v. Thibaut 523 So. 2d 1370 La. Ct. App. 5th Cir. 1988
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Brock v. Schwegmann Giant Supermarkets
520 So. 2d 711
La. 1988
And while article 3078 recognizes that a transaction or compromise has a force equal to the authority of the thing adjudged between the parties, and a compromise is defined in article 3071 as an agreement between two or more persons for the purpose of avoiding or terminating a lawsuit, La.Civ.Code Ann. art. 3071 (West Supp.1987); 3078 (West 1952); by no means can it be said that a presumed acceptance of an administrative recommendation is to be viewed as a transaction or compromise.
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Distinguished
Robertson v. Buoni
504 So. 2d 860
La. 1987
Stevenson v. Brown, 32 La.Ann.
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Bowman v. Weill Const. Co.
502 So. 2d 133
La. Ct. App. 3d Cir. 1987
269, 282, footnote 65; Sliman v. McBee, [ (La.
- Dart v. Ehret 466 So. 2d 1336 La. Ct. App. 5th Cir. 1985
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Sajare Interests, Ltd. v. Esplanade Management, Inc.
459 So. 2d 748
La. Ct. App. 4th Cir. 1984
and Louis Werner Saw Mill Co. v. White, 205 La.
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First Nat. Bank of Ruston v. Mercer
448 So. 2d 1369
La. Ct. App. 2d Cir. 1984
In Sliman v. McBee [ ], supra, our Supreme Court annulled a sale of immovable property on the grounds that the purchase price had not been paid, and in so doing it also decreed that the property was to be returned to the seller free and clear of any mortgages or other encumberances and placed thereon by the seller.
- Hollanger v. Hollanger Rice Farms, Inc. 445 So. 2d 117 La. Ct. App. 2d Cir. 1984
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Groner Apartments v. Controlled Building Systems
432 So. 2d 1142
La. Ct. App. 1st Cir. 1983
as follows: The right of a vendor to rescind the sale on account of the vendee’s default in payment of the purchase price rests in articles 2045-2047 and 2561 — 2564 of the Civil Code.3 Article 2045 provides: The dissolving condition is that which, when accomplished, operates the revocation of the obligatio
- Coffil v. Boyd 428 So. 2d 1355 La. Ct. App. 4th Cir. 1983
- White v. Crook 426 So. 2d 334 La. Ct. App. 2d Cir. 1983
- T & J Services, Inc. v. Hall-Buck Marine Service Co. 422 So. 2d 1382 La. Ct. App. 1st Cir. 1982
- Young v. Rozas 422 So. 2d 1320 La. Ct. App. 1st Cir. 1982
- Succession of Kilpatrick 422 So. 2d 464 La. Ct. App. 2d Cir. 1982
- Gremillion v. Town of Cottonport 420 So. 2d 1302 La. Ct. App. 1st Cir. 1982
- Emory v. Gardner 415 So. 2d 339 La. Ct. App. 2d Cir. 1982
- Sylvester v. St. Landry Parish Police Jury 414 So. 2d 793 La. Ct. App. 1st Cir. 1982
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Reaux v. Iberia Parish Police Jury
411 So. 2d 727
La. Ct. App. 3d Cir. 1982
the Supreme Court determined the civilian definition of "cause" in the area of res judicata to be "the legal obligation upon which the action is founded."
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McGee v. V. T. Pierret Realty & Construction Co.
407 So. 2d 1288
La. Ct. App. 1st Cir. 1981
Defendant also contends that because the McGees never tendered the purchase price to the seller, and La.C.C.
- Thompson v. Pardue 401 So. 2d 497 La. Ct. App. 1st Cir. 1981
- Tallulah Production Credit Ass'n v. Turner 391 So. 2d 885 La. Ct. App. 2d Cir. 1981
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Bissett v. Bissett
393 So. 2d 205
La. Ct. App. 1st Cir. 1980
Scurlock Oil Company v. Getty Oil Company, supra.
- RG Claitor's Realty v. Juban 391 So. 2d 394 La. 1980
- Tassin v. Sayes 386 So. 2d 995 La. Ct. App. 3d Cir. 1980
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General Truck Drivers, Warehousemen & Helpers Local Union No. 5 v. Altex Ready-Mixed Concrete Corp.
385 So. 2d 325
La. Ct. App. 1st Cir. 1980
especially page 255 and footnote 14.
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Durham v. Evans
377 So. 2d 423
La. Ct. App. 2d Cir. 1979
Art. 2045; Adler v. Adler, 126 La.
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Ritchey v. Azar
374 So. 2d 728
La. Ct. App. 3d Cir. 1979
Of any nature or kind whatsoever and dismiss all pending litigation.” for the proposition that for res judicata to be utilized as a bar to a subsequent suit there must be identity of “cause” (in a civilian sense of the term) between the two suits *730 and that such is not here present as the first suit involved certain rights t
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McKean v. Campbell
372 So. 2d 652
La. Ct. App. 1st Cir. 1979
the Supreme Court concluded the civilian definition of "cause" in the area of res judicata to be "the legal obligation upon which the action is founded."
- Smith v. Delta Express, Inc. 370 So. 2d 1264 La. Ct. App. 1st Cir. 1979
- Theodore v. Bank of New Orleans & Trust Co. 365 So. 2d 29 La. Ct. App. 1st Cir. 1978
- Welch v. Crown Zellerbach Corp. 359 So. 2d 154 La. 1978
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Bd. of Com'rs. Etc. v. Hunter Foundation
354 So. 2d 156
La. 1977
See: Hope v. Madison, 194 La.
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Scurlock Oil Co. v. Getty Oil Co.
344 So. 2d 1134
La. Ct. App. 1st Cir. 1977
Under the Louisiana doctrine of res judicata, comment at 36 L.L.R.
- City of Monroe v. Noe 340 So. 2d 616 La. Ct. App. 2d Cir. 1976
- Lessard v. Lessard Acres, Inc. 340 So. 2d 351 La. Ct. App. 1st Cir. 1976
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Mitchell v. Bertolla
340 So. 2d 287
La. 1976
New Orleans Firefighters v. City of New Orleans, 263 La.