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Nacol v. Wail, Inc.

221 So. 2d 521, 253 La. 1094, 1969 La. LEXIS 2820
CourtSupreme Court of Louisiana
DecidedMay 5, 1969
DocketNo. 49792
StatusPublished

This text of 221 So. 2d 521 (Nacol v. Wail, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nacol v. Wail, Inc., 221 So. 2d 521, 253 La. 1094, 1969 La. LEXIS 2820 (La. 1969).

Opinion

In re: Wail, Incorporated applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge. 219 So.2d 333.

Writ refused. The result is correct.

BARHAM, Justice, is of the opinion the writ should be granted. The appellate court has held that the suit is founded in tort. Therefore CC Articles 2315 et seq. apply. However, that court grants plaintiffs judgment without a finding of any fault or negligence. They have rendered judgment under CC Art. 2695 which pertains to contracts of lease. The holding is beyond the pleadings and the issues raised. The judgment is erroneous.

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Related

Nacol v. WAIL, Inc.
219 So. 2d 333 (Louisiana Court of Appeal, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
221 So. 2d 521, 253 La. 1094, 1969 La. LEXIS 2820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nacol-v-wail-inc-la-1969.