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Greater East Baton Rouge KOA, Inc. v. Lamar Corp.

Citations: 481 So. 2d 654; 1985 La. App. LEXIS 10530Docket: 84-CA-1099

Court: Louisiana Court of Appeal; December 25, 1985; Louisiana; State Appellate Court

Narrative Opinion Summary

In this case involving a contractual dispute, the plaintiff, a campground operator, entered into an agreement with the defendant, an advertising company, to remove an existing billboard and erect two new signs on Interstate 10. The contract stipulated a six-month completion period with penalties for delays. However, the defendant discovered state right-of-way markers on the property, which were unknown at the time of contract formation, preventing the construction of the sign. Citing this unforeseen obstacle, the defendant canceled the contract, asserting an error regarding the principal cause as per Louisiana Civil Code Article 1825. The plaintiff sought specific performance and penalties, but the trial court ruled in favor of the defendant, prompting an appeal. The appellate court affirmed the trial court's decision, concluding that the defendant's principal motive to profit from the sign placement was rendered impossible by the unexpected discovery of the markers. The court found no evidence of bad faith on the defendant's part, and costs were awarded to the plaintiff.

Legal Issues Addressed

Absence of Bad Faith in Contractual Performance

Application: The court concluded that Lamar acted in good faith, as evidenced by their diligent efforts to perform the contract until the discovery of the right-of-way markers.

Reasoning: The court found no evidence of bad faith on Lamar's part, noting that they acted diligently in their efforts to fulfill the contract until the last-minute discovery of the markers.

Contract Cancellation Due to Error under Louisiana Civil Code Article 1825

Application: The court applied Article 1825 to determine that the contract was null due to an error regarding the principal cause, which was Lamar's inability to construct the sign due to unforeseen right-of-way markers.

Reasoning: The appellate court examined Louisiana Civil Code Article 1825, which allows for contract cancellation due to error regarding the principal cause.

Determination of Principal Cause in Contract Formation

Application: The court found that Lamar's principal motive for entering the contract was to profit from the sign placement on the property, which was rendered impossible by the discovery of state right-of-way markers.

Reasoning: The court determined that Lamar's principal motive was to profit from the sign placement on Roan's property, which became infeasible due to the unanticipated right-of-way markers.