Jackson v. Doll

Citations

• 109 La. 230
• 33 So. 207
• 1902 La. LEXIS 141

Syllabus

<p>LANDLORD AND TENANT — ABANDONMENT OF PREMISES — STIPULATION FOR RENEWAL — DAMAGES — REPAIR OF LEASED PREMISES.</p> <p>1. Lessees who remove their stock in trade, surrender the keys of the building leased, and say that they are pleased at being released from their contract, can well be considered as persons laying no further claim to the premises. It was left to the tenant to exercise from the first his right to possession. This he failed to do. The acquiescence of plaintiffs leaves them without a claim for damages.</p> <p>2. The onus is with plaintiffs to establish their claim to damages. They are absolutely without right to damages on a lease, under stipulation of renewal, provided for, in the lease of which they may never avail themselves.</p> <p>(a) Allowing profit on a lease “to the period covered by the renewal privilege would be stretching the doctrine too far. It would be trenching too much upon damages of a character remote and speculative.” Henrichs v. Educational Fund, 22 South. 96, 49 La. Ann. 1038.</p> <p>3. A lessor can be compelled to repair the building he lets, but he cannot be compelled to reconstruct a building.</p> <p>(Syllabus by the Court.)</p>