Corbett v. Costello

Citations

• 8 La. Ann. 427

Syllabus

<p>Action on a written contract, leasing “ the ground floor oí the brick building on the corner of Lafayette and New Levee streets,” &c. The answer set up, that all the premises leased were not delivered. Parole evidence was admitted “ of the acts and declarations of the defendant showing that the apartment occupied by him was the only part of the ground floor to which he was entitled under the contract, according to the understanding of the parties.” To the admission of this evidence a Bill of Exceptions was taken. BytJieCow't: The objection to the admissibility of the evidence is not tenable. The Code of Practice, art. 829, provides: “when the defendant in his' ^answer alleges, on his part, new facts, these shall be considered as denied by the plaintiff—therefore neither replication nor rejoinder shall be admitted.” Under this provision it was perfectly competent for the plaintiff to show in what manner the delivery of the property had been effected, particularly as the defendant had put the matter at issue by his answer.</p>