4 La. 463 | La. | 1832
delivered the opinion of the court.
This action was instituted on a contract, by which the plaintiff sold to the defendant a quantity of sugar cane for
1. He contends the plaintiff cannot recover, because he did not perform all the obligations assumed by him in the contract.
Where the agreement requires the performance of several acts, a partial performance authorizes a recovery to the amount to which the other party to the contract is benefitted; subject, however, to deduction of such damages, as may be sustained by the failure to discharge the other parts of the agreement. Loreau vs. Declouett, 3 La. Rep. 1.
On the trial, the defendant offered a witness to prove he made a demand on the plaintiff, to comply with the whole of his contract. The witness, on being interrogated, declared that he had made such a demand in writing. Objection was made to any parole evidence of the demand, it not being the best evidence of which the case was susceptible. The court sustained the objection. Whereupon, the defendant, by his counsel, applied to the court for an order on the plaintiff, to produce the document. This was repelled, on the ground the application came too late, the cause being on trial. The court refused to make the order, and the defendant excepted to this decision, as well as that which rejected the parole evidence.
The court certainly did not err in the first opinion. The defendant had no right to introduce parole evidence, unless he had showed he had used all means in his power to procure the better proof. But whether the court decided cor
Application was made for a new trial, on the ground of the misconduct of one of the jury. Ne evidence of the fact appears 0n record, and we cannot notice it.
The appellee has prayed the court to give interest on the verdict of the jury, and damages for a frivolous appeal; neither of which demands are, in our opinion, justified by the facts or the law of the case.
It is, therefore, ordered, adjudged, and decreed, that the judgement of the District Court be affirmed, with costs.