Edwards v. Standard Oil Co. of Louisiana
Decision Date | 31 October 1932 |
Docket Number | 31959 |
Citation | 175 La. 720,144 So. 430 |
Court | Louisiana Supreme Court |
Parties | EDWARDS v. STANDARD OIL CO. OF LOUISIANA. In re STANDARD OIL CO. OF LOUISIANA |
T. M Milling, F. L. Hargrove, and A. M. Curtis, all of New Orleans, for relator.
J. H Inman, of Ponchatoula, for respondent.
Plaintiff alleges that on August 1, 1930, he leased to defendant, for a filling station, certain premises in Ponchatoula, La., for a period of two years, with privilege of renewal for two years more; the monthly rental being one cent per gallon of gasoline or oil sold from said premises, and being payable on the 15th day of the month following that in which the oil was sold; that the rent due July 15, 1931, was not paid when it became due; that plaintiff was 'tendered a check for $ 35.19 [amount of said rent] on the 21st of the month' that on the same day plaintiff returned said check; and that, 'by reason of the non-payment of the rent when due,' he is entitled (due notice having been given defendant) to have said defendant vacate the premises and deliver possession thereof to him.
The lease does not set forth where the rent is to be paid; and the petition does not allege, but on the contrary inferentially negatives that any demand for payment was ever made on defendant. And the fact is that a check for the amount of the rent was mailed by defendant to its agent at Ponchatoula on July 10th; but, owing to some oversight, or perhaps some fault in mail deliveries, it did not reach plaintiff until July 21st, as aforesaid.
The district court gave judgment for plaintiff as prayed for; and the Court of Appeal affirmed the judgment. 141 So. 513.
Article 2712, Rev. Civ. Code, declares that 'The lessee may be expelled from the property if he fails to pay the rent when it becomes due.'
But 'Incivile est, nisi tota lege prospecta, una aliqua particula ejus proposita, judicare vel respondere,' a laconic as old as the seven hills of Rome, which Corpus Juris correctly translates as meaning, 'It is improper, unless the whole law has been examined, to give judgment or advice upon a view of a single clause of it.'
And article 2157, Rev. Civ. Code, provides, that
Hence, it is a rule that, 'where the lease is silent as to where the rent shall be paid, the payment is to be made either at the leased premises or at the domicile of the debtor, and this presupposes, of course, that the lessor is to call for his rent.' Saxton v. Para Rubber Co., 166 La. 308, 117 So. 235, 237. So that, Lafayette Realty Co. v. Joseph Puglia, 10 Orleans App. 105.
moreover where 'defendant was...
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In re Moore
...for nonpayment of rent is not effective until a court has ordered termination and granted possession. See Edwards v. Standard Oil Co. of Louisiana, 175 La. 720, 144 So. 430 (1932); LeMoine v. Devillier, La.App., 3 Cir., 189 So.2d 694 (1966); Louisiana Materials Co. v. Cronvich, La.App., 4 C......
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30,361 La.App. 2 Cir. 7/06/98, Martin Timber Co., Inc. v. Pegues
...of a lease for non-payment of rent is subject to judicial control according to the circumstances. Edwards v. Standard Oil Co. of Louisiana, 175 La. 720, 144 So. 430 (1932). As this court stated in Ergon, Inc. v. Allen, 593 So.2d 438 (La.App. 2d Cir.1992), under the doctrine of judicial cont......
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