Cited by
Opinions in Louisiana that cite Canal Realty & Improvement Co. v. Pailet, 46 So. 2d 303.
- Dung Pham v. Carey Gix La. Ct. App. 2d Cir. 2024
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501 Rue Decatur, L.L.C. v. VTM Properties, LLC
141 So. 3d 861
La. Ct. App. 1st Cir. 2014
(1950), which held that the acceptance of rent after notice of eviction by the landlord, “constituted a waiver of that notice and a forgiveness as to any and all previously committed infractions, and it served to reinstate the lease as of that time.” A & J, Inc., 02-259, p. 7, 831 So.2d at 316 .
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Kingfish Development, LLC v. Press It 1 New Orleans, LLC
135 So. 3d 1232
La. Ct. App. 1st Cir. 2014
4th Cir.1969); Canal Realty & , (1950).
- Claitor v. Delahoussaye 858 So. 2d 469 La. Ct. App. 1st Cir. 2003
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Karno v. Joseph Fein Caterer, Inc.
846 So. 2d 105
La. Ct. App. 4th Cir. 2003
1955); Canal Realty & Improvement Co., , (1950); Adam, Inc. v. Dividend, Inc., (La.App.
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A & J, INC. v. Ackel Real Estate, LLC
831 So. 2d 311
La. Ct. App. 5th Cir. 2002
App. 5th Cir.1987) p 179 -385 , (1950), the acceptance of rent after notice of eviction vitiates the notice.
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Bowling U.S.A., Inc. v. Genco
536 So. 2d 814
La. Ct. App. 1st Cir. 1988
Canal Realty & , (1950); (La.App.
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Thompson v. Avenue of Americas Corp.
499 So. 2d 1093
La. Ct. App. 3d Cir. 1986
App. 4th Cir.1974), indicate that the acceptance of the May rent did vitiate the demand for May and June rent, even more persuasive is the language in Canal Realty & Improvement Co., , (1950), quoted in Arms v. Rodriguez, 232 La.
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Adam, Inc. v. Dividend, Inc.
447 So. 2d 80
La. Ct. App. 4th Cir. 1984
4th Cir.1974), indicate that the acceptance of the May rent did vitiate the demand for May and June rent, even more persuasive is the language in Canal Realty & Improvement Co., , (1950), quoted in Arms v. Rodriguez, 232 La.
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Ernst Food Mart, Inc. v. Jackson-Atlantic Inc.
405 So. 2d 1272
La. Ct. App. 1st Cir. 1981
4th Cir. 1969); Canal Realty & So.2d 303 (1950); (La.App.
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Cuoco v. Pik-A-Pak Grocery Corp.
379 So. 2d 856
La. Ct. App. 4th Cir. 1980
381 , (1955); Canal Realty and Improvement Co., , (1950); Arms v. Rodriguez, 232 La.
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Flores v. Gondolier, Ltd.
375 So. 2d 400
La. Ct. App. 3d Cir. 1979
4 Cir. 1974); Canal Realty & , (1950); Four Seasons, Inc. v. New Orleans Silversmiths, Inc., (La.App.
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Mitchell v. V-6 Co.
372 So. 2d 645
La. Ct. App. 1st Cir. 1979
In Canal Realty & , (1950), the Supreme Court held that a May 19 notice ordering lessee to vacate by May 31 was waived and the default was forgiven when lessor accepted the June rent.
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Illinois Cent. Gulf R. Co. v. International Harvester
368 So. 2d 1009
La. 1979
951 , (1957); Canal Realty & , (1950); Trichel v. Donovan, 138 La.
- West End Landing, Inc. v. Board of Levee Com'rs 299 So. 2d 418 La. Ct. App. 4th Cir. 1974
- Major v. Hall 251 So. 2d 444 La. Ct. App. 1st Cir. 1971
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Landis v. Smith
227 So. 2d 190
La. Ct. App. 1st Cir. 1969
In the case of Canal Realty & , , the Louisiana Supreme Court held that the landlord’s acceptance of past due rent was a waiver of a previous notice cancelling a lease for a breach of lease conditions.
- Four Seasons, Inc. v. New Orleans Silversmiths, Inc. 223 So. 2d 686 La. Ct. App. 1st Cir. 1969
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Staples v. Rush
113 So. 2d 37
La. Ct. App. 1st Cir. 1959
Cited as authority for his position, are: Canal Realty & Improvement Company, Inc. v. Pailet, 1950, , , and Arms v. Rodriguez, 1957, 232 La.
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Arms v. Rodriguez
95 So. 2d 616
La. 1957
3 The defendant contends that the action of the plaintiff in accepting rental payments for the months of April and May subsequent to the notice of violation alleged to have been given by letter of March 21st constituted a waiver of the notice, and as a consequence this action was premature, citing Canal Realty & Improvement Co., Inc., v. Pailet, , .