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acceptance accord and satisfaction according action affirmed agreed agreement aleatory alleged amount annulled bank binding bound breach cause claim Code Napoleon common law Company consent consideration contract court held Court of Appeal creditor damages debt debtor declaration defendant defendant's delay demand dissolution donation effect enforce error evidence executed existence expressed fact favor Footnotes omitted fraud French immovable intention interest judgment jurisprudence law of obligations lease lesion beyond moiety lessee liability Litvinoff Louisiana Civil Code Louisiana law ment mortgage motive natural obligation nonperformance object obligee obligor in default offer offeror owner paid payment plaintiff potestative condition principle promise purchase putting in default reason recover rendered rule simulation sold solido specific performance stipulation subrogation suit synallagmatic contract thing third party third person tion tract transaction transfer valid vendee vendor White Company