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Dore! Energy Corp. v. Massari11/10/2004
r. "Assigns means those to whom rights have been transmitted by particular title; such as sale, donation, legacy, transfer or cession." La.Civ.Code art. 3506. Dore! relies on Black's Law Dictionary to provide definitions for the terms assignment and assignor. An assignment is defined as " he transfer of rights or property." Black's Law Dictionary 115 (7th Ed. 1999). Assignor is defined as " ne who transfers property rights or powers to another." Id. at 116.
Dore!s reliance on these definitions is misplaced, as these definitions do not suggest that an assignment includes a donation. Nothing in the definition of assignment alludes to acts of gratuity, and this is the critical distinction between an assignment and a donation. The plaintiffs also fail to cite any jurisprudence that supports their arguments which are based solely on their analysis of Black's Law Dictionary and Louisiana Civil Code Article 3506. We find these arguments unpersuasive.
It follows from the preceding discussion that Mr. Massari did not violate the terms of the contract by donating the property to Mr. Pratt. The contract at issue only eliminated the lessee's ability to assign the lease -- not to donate it. This contract clearly contemplated a type of donation as it provided for a continuous effect on Mr. Massari's heirs. "This lease is effective February 1, 1983 and is binding on the parties hereto, their heirs, successors, and assigns." Had the parties intended to prevent donations, they would have specifically forbidden it in the clause setting forth the parameters of the lessee's rights, but the clause only prohibited an assignment and a sublease.
Therefore, this court finds that an assignment does not include a donation, and thus the donation is not prohibited by the terms of the contract. Accordingly, the donation is valid and binding on the parties.
ASSIGNMENTS OF ERROR NUMBER TWO AND THREE
The defendants argue that if the court finds the donation to be a breach, then the resolutory condition should operate to rescind the donation. The defendants also request ten days to cure the breach. However, as we have determined that an assignment does not include a donation, we need not discuss these remaining issues.
CONCLUSION
We therefore reverse the trial court's decision that the donation violated the non-assignment clause, and find that the donation is valid. We reverse the trial court's grant of summary judgment in favor of Dore!/appellee and grant summary judgment in favor of the defendants/appellants. Costs of this appeal are assessed to Dore!/appellee.
REVERSED.
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