Bordelon v. Kopicki - 524 So. 2d 847 (La. Ct. App. 1988)

Rule:

In order to invalidate a contract due to error, the error must relate to the principal cause for making the contract and the other party must either know or be presumed to know of this principal cause. La. Civ. Code Ann. art. 1949.

Facts:

Defendant purchasers entered into a purchase agreement with the plaintiff sellers in which the purchasers agreed to buy the sellers' home. The purchasers later refused to consummate the sale after learning that the property was burdened by a right-of-way. The purchasers had hoped to expand the home and believed that the right-of-way would have prevented the renovations. The sellers brought an action for breach of contract. The trial court found for the sellers. Defendant purchasers appealed. 

Issue:

Under the circumstances, did the purchasers have the right to invalidate the contract due to error? 

Answer:

No.

Conclusion:

The court affirmed the order, holding that the purchasers did not have the right to invalidate the contract due to error. Their intention to expand was never made known to the sellers. In order to invalidate a contract due to error, the error must relate to the principal cause for making the contract and the other party must either know or be presumed to know of this principal cause under La. Civ. Code Ann. art. 1949.