GREMILLION'S HEIRS v. RAPIDES PARISH POLICE JURY

Nos. 86-C-0335 and 86-C-0348.

493 So.2d 584 (1986)

HEIRS OF Field V. GREMILLION, et al. v. RAPIDES PARISH POLICE JURY.

Supreme Court of Louisiana.

Rehearing Denied October 9, 1986.


Attorney(s) appearing for the Case

Charles F. Wagner, Dist. Atty., B. Dexter Ryland, T. Gerald Henderson, Asst. Dist. Attys., for applicant in 86-C-0335.

John G. McLure, McLure & McLure, for respondent in 86-C-0335.

John G. McLure, McLure & Pickels, for applicant in 86-C-0348.

Charles F. Wagner, Dist. Atty., B. Dexter Ryland, T. Gerald Henderson, Asst. Dist. Attys., for respondent in 86-C-0348.


DENNIS, Justice.

The question presented is: when a party fails to specifically perform a contract as ordered by judgment and, in a subsequent proceeding under La. Code Civ.Proc. art. 2502, the court awards damages to the judgment creditor in lieu of specific performance, should the award of damages be governed by the stipulated damages that the parties in their contract agreed would be awarded in the event of default?

In this case the plaintiffs obtained a...

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