Prentiss v. Lyons

Citations

• 105 La. 382

Syllabus

<p>Syllabus.</p> <p>1. Where an answer to an appeal, asking for an amendment of the Judgment, is not filed three days before the first fixing of the cause for argument it will not be considered.</p> <p>2. The provisions of a contract, like those of a statute, are to be construed together so as to give effect to all, if it be possible to do so. But where a particular provision is in irreconcilable conflict with the letter and spirit of the contract, taken as a whole, and the evidence shows that the presence of such provision is attributable to accident rather than design, and that it is meaningless and without application, it will be regarded as not written.</p> <p>3. Where, by the terms oí a contract, payments are to be made on the first day ol every month, but the party to whom they are due has notified the other that ho does not intend to be exacting about it, and in point of fact, during perhaps six consecutive months, no payment is made on the first day of the month, the party owing the payments will not be held to have forfeited his rights under such contract by failure to pay upon the first day of the seventh month. ,</p> <p>On Rehearing.</p> <p>In injunction proceedings, the delay of a few days in matter of cutting down trees and hauling them to the market is not of itself ground for damages, particularly as it appears that the delay occasioned did not result in parties losing on the value of their logs.</p> <p>The profits claimed by defendants are not shown to an extent sufficient to make them the basis oí a decree for damages. The item of damages growing out of asserted profits that would have been realized is disallowed.</p>