Louisiana Court of Appeal, 1885

Goldberg v. Torrey

Goldberg v. Torrey
Louisiana Court of Appeal · Decided July 1, 1885 · Clinton
1 Gunby 100

Goldberg v. Torrey

Opinion of the Court

Clinton, J.

Where the owner of a plantation enters into a written contract with a merchant, who furnishes supplies to the tenants-on said plantation, whereby said planter agrees that he will waive his lessor’s lien in favor of said merchant, in case of a total failure of the crop, and the word ‘‘total” is erased, and there is a conflict of evidence as to who erased it, held : The con*101tract will be construed against defendant who wrote it, for the reason that it would he nugatory if the word “total” were left in it. C. C. 1950, 1951, 1957.

2.A crop is a failure when it does not pay the expenses reasonably necessary to make it, under ordinary circumstances.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.