Nevers v. Succession of Andry
This text of 1 Mann. Unrep. Cas. 232 (Nevers v. Succession of Andry) 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.
Opinion
The error of the purchaser was common to the seller, who thought he was selling the property which the bidder thought she was buying. The error in the mind of the bidder was as to the substance of the purchase, and was of so grave a nature as to prevent the formation of a legal obligation. Rev. Civ. Code, Arts. 1841-3. The question is not whether a sale is to be controlled by the advertisement or plan, but whether there was a sale at all, not as to the nature and extent of the thing sold, but whether anything was sold, whether there was not such error as to the object of the contract as prevented the will necessary to give rise to a legal obligation. We think there was.
Judgment affirmed.
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1 Mann. Unrep. Cas. 232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nevers-v-succession-of-andry-la-1880.