From our private database of 30,500+ case briefs...
Wagner v. Alford
Louisiana Court of Appeal
741 So.2d 884 (1999)
The Wagners (plaintiffs) owned a condominium in a complex that was adjacent to a golf and tennis resort. For a $75 monthly fee, the resort provided condominium owners with a variety of services, including garbage collection, sewerage, water, cable, and phone service. Stephen Alford (defendant) owned a real estate company, Rael, Inc., that also owned condominiums in the complex. The resort itself was owned by Toro Investment Corporation (Toro). When the Wagners learned that Toro was interested in selling the resort, they approached Toro management in an effort to preserve their right to a continuation of the services that the resort had been providing. The Wagners and a Toro manager drafted and signed an agreement that purported to guarantee that the services would continue to be provided for the $75 fee and to make the agreement binding on any future owner of the resort. Alford’s company eventually purchased the resort. Rael continued to accept the Wagners’ payment of the services fee and to provide the services for approximately one year. After that, Rael offered condominium owners two different service packages, at higher monthly fees, and refused to accept the Wagners’ attempts to pay just the original $75 fee. The Wagners sued Alford and Rael, alleging that the agreement signed with the Toro manager had created a valid servitude of use binding on Rael as the new resort owner. Alford filed a reconventional demand, alleging that the Wagners had breached an oral agreement under which Rael would give the Wagners an additional condominium in exchange for their assisting Rael in acquiring additional units in the complex. The trial court held for the Wagners on both respects, and Alford appealed.
Rule of Law
Holding and Reasoning (Amy, J.)
Concurrence/Dissent (Cooks, J.)
Dissent (Doucet, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 551,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 551,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,500 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.