J. H. Lynch Distributing Co. v. Bonaventure

Supreme Court of Louisiana

J. H. Lynch Distributing Co. v. Bonaventure

223 So. 2d 411, 254 La. 289, 1969 La. LEXIS 2882

CourtSupreme Court of Louisiana

DecidedJune 13, 1969

DocketNo. 49866

StatusPublished

This text of 223 So. 2d 411 (J. H. Lynch Distributing Co. v. Bonaventure) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

J. H. Lynch Distributing Co. v. Bonaventure, 223 So. 2d 411, 254 La. 289, 1969 La. LEXIS 2882 (La. 1969).

Pincite

Opinion

In re: Ivy Bonaventure applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge. 220 So.2d 808.

Writ refused. On the facts found by the Court of Appeal the result is correct.

BARHAM, J.,

is of the opinion that the writ should be granted. The Court of Appeal found there was no contract between the parties, but then attempted to make an equitable award under C.C. Art. 1965. That article requires a consideration of "equity” to supply omissions only when there is a contract. C.C.P. Art. 862 is inapplicable. That article removed the requirement for prayer for general and equitable relief, but in no way affected our fact-pleading requirements. Neither the trial court opinion nor the facts found by the Court of Appeal have enlarged the pleadings so as to convert a suit based only upon contract into a damage suit. The Court of Appeal has reached outside the record and rendered a judgment in damages when the requirements for such a judgment have neither been pleaded nor factually met.

Free access — add to your briefcase to read the full text and ask questions with AI

In re: Ivy Bonaventure applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge. 220 So.2d 808.

Writ refused. On the facts found by the Court of Appeal the result is correct.

BARHAM, J.,

is of the opinion that the writ should be granted. The Court of Appeal found there was no contract between the parties, but then attempted to make an equitable award under C.C. Art. 1965. That article requires a consideration of "equity” to supply omissions only when there is a contract. C.C.P. Art. 862 is inapplicable. That article removed the requirement for prayer for general and equitable relief, but in no way affected our fact-pleading requirements. Neither the trial court opinion nor the facts found by the Court of Appeal have enlarged the pleadings so as to convert a suit based only upon contract into a damage suit. The Court of Appeal has reached outside the record and rendered a judgment in damages when the requirements for such a judgment have neither been pleaded nor factually met.

Cite This Page — Counsel Stack

Bluebook (online)

223 So. 2d 411, 254 La. 289, 1969 La. LEXIS 2882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-h-lynch-distributing-co-v-bonaventure-la-1969.

Opinion

Related

Cite This Page — Counsel Stack