Kempt v. Kelly

Louisiana Court of Appeal

Kempt v. Kelly

1 Gunby 65

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 65 (Kempt v. Kelly) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kempt v. Kelly, 1 Gunby 65 (La. Ct. App. 1885).

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Opinion

Farmer, J.

Where one party delivers a mule to another to keep for him for its feed, and the latter party wrongfully sell's the mule, held : The action to recover the value of the mule is not for a tort, but for an active breach of contract, and is prescriptible only by ten years. The action for property wrongfully taken is barred by one year; 21 An. 492; but in the present case the party rightfully had possession of the property and his acts were like those of an unfaithful agent or depositary.

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Farmer, J.

Where one party delivers a mule to another to keep for him for its feed, and the latter party wrongfully sell's the mule, held : The action to recover the value of the mule is not for a tort, but for an active breach of contract, and is prescriptible only by ten years. The action for property wrongfully taken is barred by one year; 21 An. 492; but in the present case the party rightfully had possession of the property and his acts were like those of an unfaithful agent or depositary.

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Bluebook (online)

1 Gunby 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kempt-v-kelly-lactapp-1885.