Berlier v. A. P. Green Indus. - 01-1530 ( La. 04/03/02), 815 So. 2d 39

Rule:

A divisible obligation does not become indivisible merely because it is correlative to an indivisible obligation from a commutative contract.

Facts:

The companies argued that they were not solidarily obligated to pay the $ 450,000 lump sum settlement. The appellate court found there was no evidence of a clear expression of the companies' intent to be solidarily bound.

Issue:

Should the companies be held solidarily liable to pay the settlement fine? 

Answer:

Yes.

Conclusion:

The court held that the agreement indicated that only one performance was contemplated on the part of the companies, namely one payment of $ 450,000 in exchange for the family's signing a document entitled "release," which released from liability 15 different business entities. The family was promised one sum of money, not each a different sum. Each company could not be regarded as the passive subject of a different and separate obligation. The companies were jointly obligated to the family for the full amount of the settlement.