419 So. 2d 534 - Dawley v. Sinclair’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendant contends that this action is governed by the articles of the Louisiana Civil Code which concern redhibition, LSA-C.C., Articles 2520 et seq., and that the prescriptive period of one year must apply and plaintiff's suit be dismissed. We do not agree. In order for redhibition to apply there must be a vice or defect in the thing sold which renders it useless, or so inconvenient and imperfect that it is presumed that the buyer would not have purchased it if the vice or defect was known, [LSA-C.C. Article 2520], the essential element being a vice or defect in the object sold. The fact that the property was not zoned as the buyer wanted is not a defect or vice within the meaning intended by the articles of redhibition. The parties to the present suit were laboring under a mistake or error that more properly gives rise to rescission under LSA-C.C., Articles 1821, et seq. For an error to invalidate a contract it must be interrelated to the principal cause for making the contract. LSA-C. C. Article 1823. The principal cause for making this contract for the sale of land was the desire to use it for commercial purposes. Plaintiff's sole reason for purchasing this land was for the development of a commercial enterprise. Clearly indicative of this is the condition written in the agreement to sell that the property be zoned "C-2 Commercial". Where the vendee labors under an error fact as to the mistaken belief of a property's zoning restriction and that such belief being a princi”

   1 later decision quote this exact passage
   e.g. Gisclair v. Matmoor, Inc.

2. “"However, where the parties are laboring under a mistake or error as to the zoning classification, there may be the lack of consent necessary to confect a valid agreement and hence grounds for a rescission of the sale under LSA-C.C. articles 1821, et seq."”

   1 later decision quote this exact passage
   e.g. Gisclair v. Matmoor, Inc.