Legal Opinion · Dissent

Davis v. Laster

Louisiana Court of Appeal

Decided May 5, 1961No. 9495Published

1DissentGladney, Judge

If the record disclosed anything, it evidences the good faith performance of lessee’s obligations under the contract of lease. Furthermore, appellant herein has not pointed out where he has been prejudiced through the conduct of the lessee. In my opinion resolution of the case rests upon equitable principles which may be resorted to to prevent a valuable property right from being destroyed upon technical legal grounds. Our courts have employed these principles for the purpose of strengthening the arm of justice. Thus:

“In Louisiana, the right to dissolve a lease is subject to judicial control…

2Cases cited7 opinions

  1. Brewer v. Forest Gravel Co.Supreme Court of Louisiana · 1931
  2. Sohio Petroleum Co. v. v. S. & P. R. R.Supreme Court of Louisiana · 1952
  3. Rudnick v. Union Producing Co.Supreme Court of Louisiana · 1946
  4. Gloyd v. Midwest Refining Co.Court of Appeals for the Tenth Circuit · 1933
  5. Jones v. Southern Natural Gas Co.Supreme Court of Louisiana · 1948

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