Payne v. James & Trager
Supreme Court of Louisiana
APPEAL from the Thirteenth District Court, Parish of West Feliciana. Brame, J. 1. Vague and uncertain allegations of damages, without specification or detail, do not authorize proof. 42 An. 890; 37 An. 492. 2. If one demand less than is due him, and do not amend his petition in order to augment his demand, he shall lose the overplus.
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APPEAL from the Thirteenth District Court, Parish of West Feliciana. Brame, J. 1. Vague and uncertain allegations of damages, without specification or detail, do not authorize proof. 42 An. 890; 37 An. 492. 2. If one demand less than is due him, and do not amend his petition in order to augment his demand, he shall lose the overplus. C. P. 156; 14 La. 140; 25 An 223. 3. Stipulations in a contract of lease must be construed with reference to the laws which govern the main contract and. the subject matter. 36 An. 893; 84 IT. S. 58, 68. 4. The Civil Code of Louisiana, following the civil laws of…
1Opinion of the Court
The opinion of the court was delivered by
McEnbry, J.
The plaintiff sued the defendants in solido for $5000, as damages on a contract of lease for failure to return the leased property in the condition in which it was at the time defendants took possession, under the lease of said property.
Plaintiff alleges a deterioration in the value of said leased prop - erty in the amount above stated, caused by defendants’ violation of their obligation under the lease in not keeping in good order the ditches, buildings, fences, and foi general neglect in permitting the plantation to go to decay.
The…
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