Pray v. Herber

70 La. Ann. 498

• Court: Supreme Court of Louisiana
• Decided: November 15, 1867
• Docket: No. 1443½
• Status: Published

Opinion

.Hyman, C. J.

This is a suit against defendants on a promissory note, drawn by Herber to the order of and endorsed by Biaese, payable on condition that Herber should be able to renew a lease of the “Wood House,” in New Orleans, for two years. The defence is, the failure to obtain a renewal of the lease. The evidence shows that Herber could have obtained from the owner of the house a renewal of the lease for two years, for the price at which it had been rented. He chose not to do so, but required a reduction of the price.

Defendants have appealed from a judgment, condemning them to pay the amount of the note, interest thereon, and the cost of suit.

Let the judgment be affirmed, at the costs of defendants.

Howelxj, J., recused.