145 So. 560 | La. Ct. App. | 1933
Even if defendant's contention be correct — and there is no evidence in the record except his own statement to sustain it — still we find that the rent was not paid by the 15th, and, although there is evidence to show that on prior occasions the rent had been paid at a later date than the first, and although it is contended that there had thus been established a custom from which plaintiff could not depart without written notice, still, even under this phase of the case, the evidence shows that at no time had payment been made later than the 16th of the month, and the evidence shows conclusively that, in all cases where it had been paid later than the day on which it was due, the delay resulted, not from any acquiescence on the part of the landlord, but solely from his inability, after persistent efforts, to prevail upon defendant to pay it.
It is true that there has been established in this state the doctrine that a landlord who customarily permits a tenant to pay rent later than it is due cannot depart from the custom without notice to the tenant of his intention to do so. Standard Brewing Co. v. Anderson,
The judgment below was rendered in favor of plaintiff. We see nothing in the record to sustain the defense; and it is therefore ordered, adjudged, and decreed that the judgment appealed from be, and it is, affirmed.
Affirmed.
*561WESTERFIELD, J., absent, took no part.