Farwell v. Ellington Planting Co.

Citations

• 123 La. 279
• 48 So. 935
• 1909 La. LEXIS 704

Syllabus

<p>1. Lease of Plantation — Good Condition.</p> <p>The lease of the plantation is general in its terms.</p> <p>2. Return in Good Condition.</p> <p>About the return of the property at the end of the lease, it contains the stipulation that the lessee return the property in the good condition received.</p> <p>3. Issue — Contract.</p> <p>The suit turns upon the stipulation: Good condition.</p> <p>4. Plaintiffs’ Contention.</p> <p>The plaintiffs’ contention is that the property leased was not returned in good condition at the end of the lease.</p> <p>5. Denial by Defendant.</p> <p>The defendant denied plaintiffs’ allegation.</p> <p>6.Landlord and Tenant (| 160*) — Condition of Premises at Termination of Tenancy-Presumption.</p> <p>No inventory having been taken as directed by article 2720 of the Civil Code, the plaintiffs urge that the presumption stated in the article was controlling.</p> <p>The testimony rebuts the presumption.</p> <p>It does not appear that the plantation was in very good condition just prior to the lease, nor at the end of the lease.</p> <p>_ Whatever difference there was in the condition of the place is not made to appear in a sufficiently clear manner to sustain a judgment for the damages for which plaintiffs pray.</p> <p>[Ed. Note. — For other cases, see Landlord and Tenant, Dec. Dig. § 160.*]</p> <p>(Syllabus by the Court.)</p>