to sell, evidenced by such promise and acceptance, may be specifically enforced by either party. (Amd. Act 3, 1910, 2nd E. S., p. 6.) Barber, etc., Co. vs. Cypress Co., 121 La. 167; Lehman vs. Rice, 118 La. 975. Sale by Boundaries. 893. [Art. 2495.] There can be neither increase nor diminution of price on account of disagreement in measure, when the object is designated by the adjoining tenements, and sold from boundary to boundary. (Amd. Act 87, 1871, p. 201.) Guglielimi vs. Geismar, 47 A. 147; State vs. Buck, 46 A. 656; Gay vs. Larimore, 26 A. 253; Whitney vs. Saloy, 26 A. 40; Boyce vs. Cage, 7 A. 672; Hall vs. Nevill, 3 A. 326. Dissolution of Sale. 894. [Art. 2566.] Besides the causes of nullity or dissolution of the sale, already mentioned in this title, and those which are common to all agreements, the contract of sale may be canceled by the use of the power of redemption, and by the effect of the lesion beyond moiety. (Amd. Act 87, 1871, p. 202.) Lesion. 895. [Art. 2591.] If it should appear that the immovable estate has been sold for less than one-half its just value, the purchaser may either restore the thing and take back the price which he has paid, or make up the just price and keep the thing. (Amd. Act 87, 1871, p. 202.) 896. [Art. 2665.] The rescission on account of lesion beyond moiety takes place, when one party gives immovable property to the other in exchange for movable property; in that case, the person having given the immovable estate may obtain a rescission if the movables which he has received, are not worth more than the one-half of the value of the real estate. But he who has given movable property in exchange for immovable estate, can not obtain a rescission of the contract, even in case the things given by him were worth twice as much as the immovable estate. (Amd. Act 87, 1871, p. 202.) Indemnifying Tenant. 897. LEASE. [Art. 2740.] Previous to the expulsion of a farmer or tenant, the before prescribed indemnification must be paid to him, either by the lessor, or, in his default, by the new purchaser. (Amd. Act 87, 1871, p. 202.) Mortgage of Rent. 898. [Art. 2792.] The rent, charged, being inherent to the property burdened with it, is itself susceptible of being mortgaged, except when it has been gratuitously established, for the benefit of a third person, on condition that it should not be liable to seizure. (Amd. Act 87, 1871, p. 202.) Interest. LOAN. 899. [Art. 2924.] Interest is either legal or conventional. Legal interest is fixed at the following rates, to wit: At five per cent on all sums which are the object of a judicial demand. Whence this is called judicial interest; And on sums discounted at banks at the rate established by their charters. The amount of the conventional interest cannot exceed eight per cent. The same must be fixed in writing; testimonial proof of it is not admitted in any case. Except in the cases herein provided, if any persons shall pay on any contract a higher rate of interest than the above, as discount or otherwise, the same may be sued for and recovered within two years from the time of such payment. The owner or discounter of any note or bond or other written evidence of debt for the payment of money, payable to order or bearer or by assignment, shall have the right to claim and recover the full amount of such note, bond or other written evidence of debt, and all interest not beyond eight per cent per annum interest that may accrue thereon, notwithstanding that the rate of interest or discount at which the same may be or may have been discounted has been beyond the rate of eight per cent per annum interest or discount; but this provision shall not apply to the banking institutions of this State in operation under existing laws. The owner of any promissory note, bond or other written evidence of debt for the payment of money to order or bearer or transferrable by assignment shall have the right to collect the whole amount of such promissory note, bond or other written evidence of debt for the payment of money, notwithstanding such promissory note, bond or other written evidence of debt for the payment of money may include a greater rate of interest or discount than eight per cent per annum; provided such obligation shall not bear more than eight per cent per annum after maturity until paid. Provided however where usury is a defense to a suit on a promissory note or other contract of similar character, that it is permissible for the defendant to show said usury whether same was given by way of discount or otherwise, by any competent evidence. (Amd. Act 68, 1908, p. 83.) Discount is not usury, Roux vs. Witzmann, 125 La. 300; Turregano vs. Barnett, 127 La. 620; Bank vs. Reagan, 40 A. 17; Mortgage Co. vs. Ogden, 49 A. 8; Carruth vs. Carter, 26 A. 331. The proviso of this article is merely a rule of evidence, and applicable only to those cases where usury is pleadable under the article, 125 La. 300. Usurious interest paid in cash, and not included in the note, is recoverable, 127 La. 620; Huntington vs. Westerfield, 119 La. 615; but a note whose consideration is the extension of payment by the mortgagee is not usurious, Foster vs. Wise, 27 A. 538. A contract to pay the highest conventional rate plus a percentage made by the firm to which money loaned is usurious, Flower vs. Millaudon, 6 La. 697. No matter how small the sum paid for a note or bond, the purchase is not a usurious contract, Bank vs. Fenwick, 130 La. 723; Byrne vs. Grayson, 15 A. 457. An agreement to pay more than five per cent. must be in writing, Duruty vs. Musacchia, 42 A. 358; Bayly vs. Stacey, 30 A. 1210; Crossley vs. Bank, 38 A. 74; Lambeth vs. Burney, 3 R. 251; Buckley vs. Seymour, 30 A. 1341; McLaughlin vs. Sauvé, 13 A. 99; but there need be no written promise to pay eight per cent. interest when that rate is charged in an account rendered and accepted without objection, Allen vs. Nettles, 39 A. 788. Prescription against the defense that certain charges in a stated account accepted without objection are usurious begins to run from rendition of account, Allen vs. Nettles, 39 A. 788. NECESSARY DEPOSIT. Innkeeper's Liability, What. 900. [Art. 2791.] No landlord or innkeeper shall be liable under the provisions of the foregoing six articles to any guests or party of guests occupying the same apartments for any loss sustained by such guests or party of guests by theft or otherwise, in any sum exceeding one hundred dollars, unless by special agreement in writing with the proprietor, manager or lessee of the hotel or inn a greater liability has been contracted for. Provided that no guest shall be held bound by the limitation of value established in this Article unless this Article is conspicuously posted in the guest room. (Amd. Act 231, 1912, p. 519.) SEQUESTRATION. 901. [Art. 2977.] The depositary, under this title, is not to restore the thing deposited till after the decision of the suit, and then he must restore it to the party to whom it is adjudged. (Amd. Act 87, 1871, p. 202.) Takes Place, How. MANDATE. 902. [Art. 2986.] The mandate may take place in five different manners: For the interest of the person granting it alone; for the joint interest of both parties; for the interest of a third person; for the interest of such third person and that of the party granting it, and, finally, for the interest of the mandatary and a third person. (Amd. Act 87, 1871, p. 202.) Expires, How. 903. [Art. 3027.] The procuration expires: By the revocation of the attorney. By the attorney's renunciation of the power. By the change of condition of the principal. By the death, seclusion, interdiction or failure of the agent or principal. But powers of attorney by public act or by writings under private signature, or by letter, to transfer on the books of stock corporations, bonds or shares of stock in said corporations, shall be irrevocable, and shall not expire by the death, seclusion, interdiction or failure of the principals, where the said bonds or shares of stock have been previously sold to the persons holding the said powers of attorney, for value received, and said facts are set forth in such powers of attorney. (Amd. Act 19, 1882, p. 13.) Renshaw vs. Crs., 40 A. 37. Revocation. 904. [Art. 3028.] Except in the case of irrevocable powers of attorney, as described in the preceding article, the principal may revoke his power of attorney, whenever he thinks proper, and, if necessary, compel the agent to give up the written instrument containing it, if it be an act under private signature. (Amd. Act 19, 1882, p. 13.) Renshaw vs. Crs. 40 A. 37. SURETYSHIP. 905. [Art. 3042.] The debtor obliged to furnish security must offer either a surety company authorized to do business in the State of Louisiana, or a person able to contract, who has property liable to seizure within the State of sufficient value to answer for the amount of the obligation, and who is domiciled in the parish where the security is to be given. Whenever it shall be made to appear to the satisfaction of the judge having jurisdiction thereof that any person who has been appointed to discharge the duties of administrator, executor, tutor, curator, or any fiduciary trust whatever, is unable to give security in the parish, the judge shall have power to order that sureties residing in any other parish be received. Where surety is tendered of persons residing out of the parish, the judge alone shall pass on the sufficiency thereof, and shall require such proof as he may deem necessary. All actions on bonds against the sureties aforesaid may be instituted in the court having original jurisdiction of the subject-matter; and the parties thereto, when legally cited, shall be subject to the jurisdiction of such court. (Amd. Act 225, 1908, p. 342.) Notwithstanding rule of court to contrary, a lawyer is competent surety for client, State vs. Babin, 124 La. 1005. Surety company is good bond, Eichorn vs. R. R., 114 La. 712; but not after it has withdrawn from State, Ansley vs. Stewart, 121 La. 631. The qualifications of residence, Vredenburgh vs. Behan, 32 A. 478. RESPITE. 906. [Art. 3093.] The property of the debtor is not hypothecated by reason of the respite, for the payment of the mass of the debts, unless the respite has been granted on the express condition that this hypothecation shall exist. But any creditor who has not assented to the respite may require that the debtor shall furnish security that the property of which he is left in possession shall not be alienated, or in case it is, that the money arising from the sale, or mortgage, of the same shall |