Manuel v. Soileau

I concur in that part of the majority opinion which rejects defendant’s recon-ventional demand for damages. However, *836I dissent from the holding that plaintiff is not entitled to recover past due rent in the sum of $3,050 which was proved but was not prayed for.

On March 23, 1973, plaintiff leased to defendant the Tournoi Motel and Lounge for a term of one year and at a monthly rental of $750, payable in advance on the first of each month. On June 30, 1973, plaintiff filed suit to cancel the lease on the grounds that defendant had failed to pay the utility bills as agreed upon in the lease. She…