Thriftee Oil Co. v. Partin

Supreme Court of Louisiana

Thriftee Oil Co. v. Partin

210 So. 2d 504, 252 La. 255, 1968 La. LEXIS 2704

Supreme Court of Louisiana·Decided June 4, 1968·No. No. 49223·Published·Cited by 2 cases

Opinion

In re: W. B. Partin applying for certiorari, or writ of review, to the Court of Appeal, Second. Circuit, Parish of Caddo. 209 So.2d 557.

Writ refused. The ruling complained of contains no error of law.

SUMMERS, Justice, is of the opinion the judgment of the Court of Appeal is in error. The lease was intended to prohibit and did effectively prohibit any transfer of the lease by sublease, assignment or otherwise to anyone except to Thriftee Oil Co., Inc. This conclusion is dictated by an objective construction of the provisions of the lease, and is inevitable when the terms of the lease are construed against lessee. La. Civil Code Art. 2725.

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In re: W. B. Partin applying for certiorari, or writ of review, to the Court of Appeal, Second. Circuit, Parish of Caddo. 209 So.2d 557.

Writ refused. The ruling complained of contains no error of law.

SUMMERS, Justice, is of the opinion the judgment of the Court of Appeal is in error. The lease was intended to prohibit and did effectively prohibit any transfer of the lease by sublease, assignment or otherwise to anyone except to Thriftee Oil Co., Inc. This conclusion is dictated by an objective construction of the provisions of the lease, and is inevitable when the terms of the lease are construed against lessee. La. Civil Code Art. 2725.

Thriftee Oil Co. v. Partin, 210 So. 2d 504, 252 La. 255, 1968 La. LEXIS 2704 (La. 1968).

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Opinion

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