Piper v. Levy

Citations

• 114 La. 544
• 38 So. 448
• 1905 La. LEXIS 503

Syllabus

<p>LEASE — RENEWAL—SURETY.</p> <p>1. Where a contract of lease renewable “upon the same terms and conditions” is secured by a surety so solid as to leave no room whatever for doubt or risk, the lessee must tender for the renewal a surety equally safe, or practically so. He cannot require the lessor to accept a surety as to whose solidity there may be some doubt.</p> <p>2. The qualifications of a surety tendered for the renewal of such a lease are to be judged in the light of the facts which the parties had before them at the time they were called upon to accept or reject him, and not in the light of facts subsequently developed on a trial in a court of justice.</p> <p>3. Where the lessee, whose right to renew depends upon furnishing a good surety, has announced his inability to furnish any other than one which the lessor was justified in declining to accept, the lessor is released from his obligation to renew, and is at liberty to lease to another tenant.</p> <p>(Syllabus by the Court.)</p>