Deslonde v. O'Hern
Supreme Court of Louisiana
A PPEAL from the Civil District Court for the Parish of Orleans. ZA Lamms, J. A judgment for possession of premises leased can he extinguished by agreement. The' agreement is a new obligation The obligation to deliver the premises resulting from the judgment is extinguished by the substitution of an obligation to pay the rent due, and remain in the premises to the end of the lease.
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A PPEAL from the Civil District Court for the Parish of Orleans. ZA Lamms, J. A judgment for possession of premises leased can he extinguished by agreement. The' agreement is a new obligation The obligation to deliver the premises resulting from the judgment is extinguished by the substitution of an obligation to pay the rent due, and remain in the premises to the end of the lease. C. C. 2181, 2190, 2180. When a lessor sues for possession of premises, and a dissolution of the loase, anda judgment is rendered in his favor, the covenant of the lessee to pay rent ceases to exist. Bent is the…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
This is a suit for damages growing out of the acts of the *16defendant described in the petition, and which will be set forth hereafter. The amount claimed is $2500. There was judgment in favor of the plaintiff for $100; the defendant has appealed and the plaintiff prays to amend the judgment by increasing the same to the amount demanded — $2500.
The facts relating to the controversy and which we think are borne out by the evidence, are briefly these:
On the 1st of October, 1884, the defendant leased to the plaintiff a dwelling-house situated in…
2Cited by6 opinions
- Billiot v. BP Oil Co.Supreme Court of Louisiana · 1994
- Bourg v. Brownell-Drews Lumber Co.Supreme Court of Louisiana · 1908
- Adams v. JE Merit Const., Inc.Supreme Court of Louisiana · 1998
- Hathaway v. WinnLouisiana Court of Appeal · 1926
- Slack v. RiggsSupreme Court of Louisiana · 1933
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