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25 La. Ann. 112

Conrad v. Burbank

Supreme Court of Louisiana

Decided February 15, 1873

Supreme Court of Louisiana · decided 1873-02-15

<p>Where one of tlie joint owners oí property claims from tlie other parties commissi ns for collecting rents and keeping the premises in repair, he must show an agreement on which to base his charge.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1873-02-15

How this case has been cited

Cited by 8 later decisions — most recently January 2008

8 state decisions

2018731880189019001910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Howell, J.

¶1Plaintiffs sued defendant for a certain sum as rents of premises owned in common by the parties. Defendant admitted ¡indebtedness of a part of the claim and set up payments, expenses and ■commissions as an offset to the balance. Judgment was rendered for the amount acknowledged (see 24 An. 17), and the contest now relates •to the balance. The admission by plaintiffs of the account furnished by the defendant was conditional, and it devolves on the latter to •establish its correctness.

¶2*113Claiming to be a joint owner of the property, he must show an agreement to charge commissions for recovering rents and keeping the premises in repair. This he has not done. Nor can he charge plaintiffs with the premiums on insurance, as it is shown that the insurance covered only his own interest. The items then of his account for commissions and premiums must be rejected.

¶3Of other disbursements the only proof in the record is of the following, to wit: Haller’s bill $57 75; Craft’s bill $32 70; J. G-. Lewis’ bill $115; City taxes $225; State taxes (two items) $94 75, making a total <of $525 20 established by evidence.

¶4The agrégate amount of collections was $4362 97; deduct from this the above sum, leaves $3837 77 to be divided. Plaintiffs’ half is $1918 88; of this they recéived $1355 61 under the former decree, which leaves $563 27 still due them by defendant.

¶5It is therefore ordered that the judgment appealed from be reversed, and that plaintiffs recover of defendant the sum of $563 27 with legal interest from judicial demand, and costs in both courts.

¶6Rehearing reiused.

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