Supreme Court of Louisiana, 1867

Pray v. Herber

Pray v. Herber
Supreme Court of Louisiana · Decided November 15, 1867 · Howelxj, Hyman
70 La. Ann. 498

Pray v. Herber

Opinion of the Court

.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 *499House,” 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.

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