
    No. 6055.
    G. M. Marshall vs. A. Yznaga del Valle.
    where the defendant, through his agent, agreed to purchase the plaintiff’s plantation for a fixed price, .subject, to an examination of the title, and’ defendant's counsel, after examination, advised him that the title was not good, whereupon he refused to buy, this is not a non-compliance of contract on account of which plaintiff is entitled to recover damages from defendant.
    APPEAL from the Thirteenth Judicial District Court, parish of Concorclia. Hough, J.
    
      W. F. & O. H. Ogden, T. P. Farrar, Ogden & Hill, and Finney & Miller, for plaintiff and’ appellant.
    
      Spencer & Mayo, Geo. L. Bright, for defendant and appellee.
   Morgan, J.

The defendant is sued for damages arising from an alleged breach of contract.

The defendant, through his agent, agreed to purchase the plaintiff’s plantation for a fixed price, subject to an examination of the title. Defendant’s counsel, after examination, advised him that the title was not good.

Under these circumstances we do not see where the plaintiff has any .right to claim damages for a non-compliance of contract.

Judgment affirmed.

Rehearing refused.

"Wyly, J.,

dissenting. I dissent in this case, and will file my reasons hereafter.  