205 So. 2d 849 - Degrey v. Fox’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'If through no fault, neglect, or design of Lessee, the premises are destroyed by fire or other casualty or damaged to such an extent as to render them wholly unfit for occupancy, then this lease shall be can-celled. If, however, the premises can be repaired within 120 days from date of fire or casualty, then this lease shall not be cancelled, and Lessor shall notify Lessee within 30 days from the date of fire or casualty that Lessor will repair the damage, and Lessee shall be entitled only to such a reduction or remission of rent as shall be just and proportionate.’ (emphasis added)”

   2 later decisions quote this exact passage
   e.g. Howard Motors, Inc. v. Beeson · 122 So. 3d 1152 - 727 Toulouse, L.L.C. v. Bistro at Maison De Ville, L.L.C.

2. “The jurisprudence interpreting these articles is clearly to the effect that a lessor's breach of his obligation to repair does not exonerate lessee from his obligation to pay the stipulated rental for his use and occupancy of the leased premises. (See Mulhaupt v. Enders, 38 La.Ann. 744 ; Pesant v. Heartt, 22 La.Ann. 292 ; Lewis v. Pepin, 33 La.Ann. 1417 ; Winn v. Spearing, 26 La.Ann. 384 ; Diggs v. Maury, 23 La.Ann. 59 .) Defendant-lessee does not contend that he owes no rent for his use and occupancy of the premises. His only contention is that the quoted clause of the lease gives him a right to reduce the stipulated rental to a "just and proportionate" amount for as long as the owner neglected to complete the repairs. We are of the opinion, as was the District Judge, that the quoted provision of the lease does not give the lessee such right, the provision being for the primary benefit of the owner permitting him to avoid cancellation of the lease. When the owner exercised his right to repair the premises and then failed to complete the repairs the lessee had the option to complete the repairs himself within a reasonable time (See Leggio v. Manion, La.App., 172 So.2d 748 ) and deduct the cost thereof from the rent to become due, or else, to terminate the lease and surrender possession of the premises to the owner.”

   1 later decision quote this exact passage
   e.g. 324 So. 2d 484 - Reed v. Classified Parking System