D'Echaux v. Gibson Cypress Lumber Co.

Citations

• 114 La. 626
• 88 So. 476
• 1905 La. LEXIS 517

Syllabus

<p>LANDLORD AND TENANT — LEASE OE BOAT — DESTRUCTION BY EIRE — LIABILITY OE LESSEE.</p> <p>1. The lessee did not violate the contractual' stipulations which required him to return the-thing leased at the expiration of the lease.</p> <p>2. The property was destroyed by fire, an accident against which the lessee did not warrant.</p> <p>3. The care was usual care, and the way the property was cared for received the expressed sanction of the owner.</p> <p>4. The obligation to return the property must be taken as subject to the condition relating to wear and tear. The accident was not due to-the negligence of defendant, and is to be considered in the light of an unavoidable accident. The testimony does not show that the lessee omitted to do an act he was called upon to do. If there was anything omitted, the plaintiff did not object; on the contrary, .assented.</p> <p>(Syllabus by the Coui't.)</p>