Union Ferry Co. v. Southern Improvement & Ferry Co.

Citations

• 124 La. 759
• 50 So. 704
• 1909 La. LEXIS 541

Syllabus

<p>1. Contracts (§ 102*) — Construction or Conflicting Sentences.</p> <p>Where, in a stipulation contained in a contract, there are two sentences which in some respects appear to conflict, they should be construed together and with reference to the stipulation as a whole, and that interpretation should be placed on them which does least violence to the rules and presumptions which are ordinarily applied with respect to conduct of individuals dealing with each other.</p> <p>2. Contracts (]j 102*) — Construction — Conflicting Sentences — Lease.</p> <p>The city of New Orleans having bound itself to provide for the payment to the retiring lessee of the Canal Street ferry for certain improvements, and having made a new lease containing a stipulation that the new lessee should indemnify the retiring lessee in accordance with the terms of his lease, a subsequent sentence in the same stipulation, specifying certain things to be paid for, is held not to impose upon the new lessee the obligation of paying the retiring lessee for a sidewalk and pavement laid in a public place, and not included among those things for which the retiring lessee was entitled to be paid under his lease.</p> <p>(Syllabus by the Court.)</p>