Porter v. Smith

DOUCET, Judge.

Plaintiff-lessor in this case petitioned the trial court for damages concomitant to a decree that the lease granted to the defendant permitting exploration for and removal of gravel on his property had been breached and was void. The trial court found the defendant had complied with all terms of the lease and accordingly, dismissed plaintiff’s suit. From that judgment plaintiff appeals.

*1149The major thrust found in appellant’s assignment of error is the contention that the lease contained a potestative condition. Although the “theory of the case” doctrine has long been abolished in…