Haughery v. Lee
Supreme Court of Louisiana
A PPEAL from the Sixth District Court of New Orleans, Howell, J. In a contract of lease, three things are absolutely necessary, to wit: The thing, the price, and the consent. C. C. 2640. And, by C. C., Art, 2639, the price must bej&ed Art. 2641. The price should be certain and determinate, and, if left to a third person named and determined * * * if he cannot or will not do it, there is no hiring.
Read the full summary
A PPEAL from the Sixth District Court of New Orleans, Howell, J. In a contract of lease, three things are absolutely necessary, to wit: The thing, the price, and the consent. C. C. 2640. And, by C. C., Art, 2639, the price must bej&ed Art. 2641. The price should be certain and determinate, and, if left to a third person named and determined * * * if he cannot or will not do it, there is no hiring. The contract would be null, if the price were left to be fixed by a.person not designated. C. C. 2642. ■In the case at bar, no price was agreed upon, no person was designated; and, as alleged in the…
1Opinion of the CourtLabatjve, J.
This case involves a pure question of law, which must be examined 'and decided upon the face of the papers.
The plaintiff, after having alleged the indebtedness of the defendant to her, in the sum of $820, states, as the consideration of the debt, “that said Lee, on or about the 20th day of October, 1859, went into possession of a residence, situated on Seventh street, between Náyades and Prytania streets, in the Fourth District of this city, and belonging to petitioner, on 'an understanding with petitioner that he should pay her a reasonable rent forsaid premises. ” ‘
At the same timé, she…
2Cited by5 opinions
- Cole v. MurrayLouisiana Court of Appeal · 1927
- Terzia v. the Grand LeaderSupreme Court of Louisiana · 1932
- Weaks Supply Co. v. WerdinLouisiana Court of Appeal · 1933
- Sealy v. Physicians & Surgeons Hosp., Inc.Louisiana Court of Appeal · 1985
- Minges v. BonnetteLouisiana Court of Appeal · 1926