Sewall v. Duplessis
Supreme Court of Louisiana
Appeal from the Commercial Court of New Orleans, Watts, J. 1. The judgment of the court below is erroneous in refusing to. plaintiff the right to remove from defendant’s property the materials used in improving it, on condition of his leaving it in the same state as when leased. This case is altogether different from that of Hoffman v. Laurans referred tp by the judge a quo.
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Appeal from the Commercial Court of New Orleans, Watts, J. 1. The judgment of the court below is erroneous in refusing to. plaintiff the right to remove from defendant’s property the materials used in improving it, on condition of his leaving it in the same state as when leased. This case is altogether different from that of Hoffman v. Laurans referred tp by the judge a quo. Here the workman claims nothing from the owner of the property, demands no judgment against her, but merely prays that she be not allowed to enrich herself at his expense; that he be permitted to take away his own…
1Opinion of the Court
■ Btjllaed, J.
The plaintiff represents that, at the instance and request of Edward Duplessis, the lessee of the defendant, he made various buildings and improvements on the lot of ground owned and now occupied by her in Bourbon street, and particularly that he put two additional stories on the back buildings, and re-slated the roof; and that he built a gallery the whole length of the main building, and repaired the yard, as will appear by the written contract. He represents that the value of the work and materials was several thousand dollars, and that the enhanced value of the property was…
2Cases cited1 opinion
- Hoffman v. LauransSupreme Court of Louisiana · 1841
3Cited by1 opinion
- State ex rel. Colomb v. St. JulienSupreme Court of Louisiana · 1916