Rice v. Rice

• Decision Date: 01 April 1894
• Docket Number: 11,389
• Citation: 15 So. 538,46 La.Ann. 711
• Court: Louisiana Supreme Court
• Parties: GEORGE B. RICE v. MRS. MARY E. RICE

15 So. 538

46 La.Ann. 711

GEORGE B. RICE v. MRS. MARY E. RICE

No. 11,389

Supreme Court of Louisiana

April 1, 1894

APPEAL from the Civil District Court, Parish of Orleans. Theard J.

Dinkelspiel & Hart, Attorneys for Plaintiff and Appellant.

Henry P. Dart, Attorney for Defendant and Appellee.

OPINION

MILLER, J.

This is an appeal by plaintiff from the judgment of the lower court dismissing the suit against the defendant, his mother.

The basis for the demand is supposed to be furnished by a paper executed by the plaintiff before a notary, acknowledging the receipt by plaintiff of three thousand five hundred dollars from the succession of his father, and the promise of the defendant, in consideration of that paper, to lend plaintiff twenty-five hundred dollars for two years without interest. The cause of action is, however, amplified by the allegations in the petition, that plaintiff's claim against his father's succession was disputed by the mother and his co-heirs; that to settle the dispute he was induced to acknowledge he had received three thousand five hundred dollars, when, in fact, but one thousand dollars had been received by him from the succession, and that he was "enticed" to make the false acknowledgment by the promise of his mother to lend him twenty-five hundred dollars. The relief demanded is a judgment against defendant for the amount stipulated to be paid in the asserted contract, or the annulling of the entire acknowledgment. The defendant filed, among others, the exception of no cause of action. The appeal is by plaintiff from the lower court sustaining the exception.

the brief for plaintiff treats the suit as one for specific performance. The relief usually accorded for the breach of contract is damages. Specific performance is decreed only in exceptional cases. It is difficult to conceive of any injury arising from the breach of a contract to pay or lend money that can not be repaired by damages. Our code declares, when the object of the contract is anything but the payment of money the damages are the loss sustained or profits of which the party has been deprived; and as to money obligations damages for delay in performance, are limited to interest. Again, the Code declares in ordinary cases the breach of the contract to do, entitles the party aggrieved only to damages, but where this would be inadequate compensation specific performance will be constrained, if...