Waller & Edmonds v. Cockfield

Citations

• 111 La. 595
• 35 So. 778
• 1904 La. LEXIS 541

Syllabus

<p>LANDLORD AND TENANT—LEASE—ACTION FOR BREACH—DAMAGES—DOCUMENTARY EVIDENCE.</p> <p>1.This was an action for having violated a contract of lease. The lessor terminated it by going into possession of the property leased without the consent of the lessees and by ordering the lessees to leave.</p> <p>Defendant did not seek and recover possession in the way pointed out by law. He had not reserved the right to terminate the lease under any reserved privilege. The Supreme Court repeatedly decided that a lessor must resort to the moans provided by law to obtain possession of his property, where there is ground to dissolve the lease. Van WTren v. Flynn, 34 La. Ann. 1158; Parker v. MeGlim et ah, 27 South. 046, 52 La. Ann. 1514.</p> <p>2. There was no error in ruling that a policy of insurance was the best evidence to prove its different clauses, and not oral testimony.</p> <p>3. The lessees were entitled to judgment for the amount they would have earned during the remainder of the term of the lease.</p> <p>4. They are also entitled to damages ex delicto. To the extent that a violation of contract is an act ex delicto, exemplary damages may be recovered.</p> <p>(Syllabus by the Court.)</p>