Welham v. Lingham
Also decided on this docket: La. Ct. App. 3d Cir., October 8, 1975 319 So. 2d 872; La. Ct. App. 1st Cir., February 6, 1973 273 So. 2d 739; La. Ct. App. 1st Cir., December 19, 1960 125 So. 2d 689
Welham v. Lingham, 28 La. Ann. 903 (1876).
Cited by
- May v. Schepis 147 So. 717 La. Ct. App. 1st Cir. 1933
- Boutte v. New Orleans Terminal Co. 72 So. 513 La. 1916
- Board of Liquidating Com'rs of Bank v. Dodson 58 So. 1027 La. 1912
- Brodtman v. Finerty 41 So. 329 La. 1906
Opinion text
Wyly, J. Defendant appeals from the judgment herein, compelling him to pay plaintiff the amount due on a contract of lease. The defense is, plaintiff failed to make the repairs specified in the answer, after being *904 notified, and, in consequence, defendant abandoned the premises. The required repairs, it is shown, would not have cost exceeding fifty dollars. We think defendant had no sufficient ground to violate the contract of lease. His remedy was to pursue the course pointed out by article 2694 of the Revised Code, which authorizes the lessee to make himself the repairs which the lessor was required but failed to make, after being notified to do so, and deduct the price from the rent. 3 R. 52 ; 4 R. 428 ; 5 An. 760. Judgment affirmed.