No. 14959. Precedential Processed

Victor v. Lewis

Louisiana Court of Appeal, First Circuit · Filed December 10, 1934 · 158 So. 25

Also decided on this docket: La. Ct. App. 1st Cir., October 29, 1934 157 So. 293

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

PER CURIAM. Counsel criticizes our opinion in this case upon the ground that the case of Pruyn v. Gay, 159 La. 981 , 106 So. 536 , and not Heeb v. Codifer & Bonnabel, 162 La. 139 , 110 So. 178 , should control in the situation presented by the facts of this case. After a careful re-examination of both authorities, we are confirmed in our opinion that the present case is much nearer the Heeb Case, the later case, and believe that case to be determinative of the issue presented on the question of the forfeiture of the installments paid by the plaintiff, which is the part of our opinion to which counsel mainly directs his criticism. The application for the rehearing is therefore refused. Rehearing refused.