13 La. 534 | La. | 1839
delivered the opinion of the court.
The defendant resists the payment of two promissory notes subscribed by him, because those notes were given in consideration of two lots, which were sold as fronting a certain passage, which the plaintiff represented as public, although he had no authority from the corporation to open it. He
The plaintiff has not shown that the passage had been opened by the authorization of the city corporation. We must presume that the authorization does not exist, and without it the plaintiff has been guilty of an artifice, or at least has committed an error, which must avoid the sale. The inconvenience and damage occasioned by it to the defendant, are manifest.
It is, therefore, ordered, adjudged aud decreed, that the judgment of the city court be avoided and reversed; that the sale made by the plaintiff to the defendant, on the 27th August, 1836, be avoided and annulled; and that the defendant recover in reconvention from the plaintiff, six hundred and ninety-three dollars, with costs in both courts.