# Brown v. Snow

> Supreme Court of Louisiana · December 15, 1859 · 14 La. Ann. 848

URL: https://www.frixlaw.com/law-library/cases/7186312

## Case

- **Full name:** John Brown v. Bark Ladra Snow, Captain and Owners
- **Court:** Supreme Court of Louisiana
- **Decided:** December 15, 1859
- **Citations:** 14 La. Ann. 848
- **Precedential status:** Published
- **Opinion:** Concurrence by Merbick
- **Judges:** Cole, Laxd, Merbick
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7186312

## Opinion text

Merbick, C. J.,
concurring. I do not think a party who has entered into a written contract, may repudiate the same on the pretence of a violation of the contract by the opposite party. The very object of a contract is to make a special law between the parties, by which to adjust their rights in the event of a refusal to comply or a violation of the contract by cither.
Whenever, therefore, it appears that the parties have entered into a contract, and either party insists upon the same, it cannot be disregarded.
In the case of Hogan v. Gibson, 12 La. 460 , this court held, that if the plaintiff sued upon a quantum, meruit, and the defendant proved a special contract, plaintiff could not recover. See also Allen v. Martin, 7 N. S. 300.
In the present case, the plaintiff has alleged the existence of a contract, but he avers that it has been annulled by defendants. The testimony (including the contract) lias all been, received without objection. It shows, as I think, that plaintiff is entitled to recover the amount awarded by the lower court, on account of the breach of the contract by the defendants, and I concur in the decree on this ground.
Laxd, J., concurred in this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7186312. Public record. Not legal advice.