Kavanaugh v. Berkett

WATKINS, Judge.

This is an action for a declaratory judgment to interpret a provision of a lease and for damages for alleged breach of the lease. From a judgment favorable to plaintiffs which interpreted the lease to require defendants to execute a “commercially feasible mortgage” and which awarded plaintiffs $147,010.00 in damages, defendants have appealed. We reverse.

On April 29, 1968, defendants leased unimproved immovable property on Acadian Thruway in Baton Rouge to Joseph H. Ka-vanaugh and Bilwood Smith. Smith’s interest has since been assigned to Robert B. Tudor, Jr., plaintiff with…