Jackson Brewing Co. v. Wagner

Citations

• 117 La. 875
• 42 So. 356
• 1906 La. LEXIS 781

Syllabus

<p>1. Landlord and Tenant — Stipulation Controlling.</p> <p>The lessor and the lessee must abide by the agreement as entered into at the time of the lease.</p> <p>2. Evidence — Parol Evidence — Parties Bound by Their Written Agreement.</p> <p>As a general rule a written agreement is conclusive between parties and privies. There was no allegation of error or fraud. Conversations and conduct prior to or at the time of the agreement cannot be admissible to change stipulations of an authentic act of lease.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 20, Evidence, §§ 1855-1802.]</p> <p>3. Landlord and Tenant — Notice oe Renewal.</p> <p>There was not sufficient notice of intention to renew the lease. The lease was not renewed. The lessee did not comply with the stipulation regarding notice of renewal. The full 60 days’ notice required before the expiration of the lease, in order to enable lessee to renew the lease, was not given.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 32, Landlord and Tenant, §§ 270-275.]</p> <p>4. Time — Computation—Delays Stipulated Included Holidays and Hale-Holidays.</p> <p>In matter of intention to renew the lease if the first day of notice fell on a day preceding Saturday, the half-holiday must be counted. Intervening days include the whole of Saturdays.</p> <p>5. Same — Fractions oe Day-Time oe Notice Not to be Shortened by Lessee.</p> <p>The rule “de minimis” has no application. The agreement was plain. Under the pleas of “de minimis,” no part of the time stipulated will be deducted. The parties had agreed upon the number of days. There was nothing to-prevent or hinder giving notice.</p> <p>Plaintiff waived none of its rights regarding notice, and is not estopped.</p> <p>(Syllabus by the Court.)</p>