Amiss v. Witting's Ex'rs

Citations

• 121 La. 501
• 46 So. 606
• 1908 La. LEXIS 700

Syllabus

<p>1.Landlord and Tenant — Option to Purchase — Consideration .</p> <p>A contract of lease for five years of a lot and building thereon for a certain price, payable in monthly installments, is a sufficient consideration for a stipulation, inserted therein, giving- the lessee the right to purchase the property for a fixed price at any time during the continuance of the lease. Such a stipulation is not a nudum pactum, and the lessor cannot withdraw the option before the termination of the lease. Murphy v. Hussey, 117 La. 390, 41 South. 692, reaffirmed.</p> <p>[Ed. Note. — Por cases in point, see Cent. Dig, vol. 32, Landlord and Tenant, §§ 290-294.]</p> <p>2.- Same — Construction.</p> <p>A stipulation for a fixed price means cash, and not terms of credit.</p> <p>3. Vendor and Purchaser — Lesion Beyond</p> <p>BIoiety — Burden oe Prooe.</p> <p>The burden is on the vendor to prove lesion beyond moiety by evidence peculiarly strong and convincing, and of such a nature as to exclude speculation and conjecture. The highest estimates, under this rule, cannot be adopted as the measure of value. Girault v. Feucht, 120 La. 1070, 46 South. 26, reaffirmed.</p> <p>(Syllabus by the Court.)</p>