1 La. 208 | La. | 1830
delivered the opinion of the court. This action is founded on a synalag-tnatic contract, made between the plaintiff and the ancestor of the defendant. The answer to the petition, contains a general denial, and an exception to the instrument, declared on as not having been made in duplicate, being executed under private signature. The court below gave no opinion on the alleged nullity of the written agreement, in consequence of its want of duplicity. It was considered as imposing obligations on the plaintiff, to be by him discharged before he could claim the fulfilment of those contracted on the part of the defendant; in other words, a condition precedent of acts to be done by the petitioner, of which he neither averred or proved the performance. Judgment of non-suit was rendered by the district court, from which the plaintift appealed.
The contract relates to a tract of land, said to be situated in the parish of East Feliciana,
There is neither averment nor proof, that he ever performed this part of his obligation. Whether he ever had any semblance of right or claim to the land in question, sufficient to form a basis of good faith, for the contract which was entered into between the parties, is not shewn in any manner whatever. In the
It is therefore ordered, adjudged and decreed, that the judgment of the district court be affirmed with costs.