94 So. 379 | La. | 1922
This is an action for damages for loss of profits, claimed to have been sustained by the alleged breach of a contract of lease by the failure of defendant, the lessor, to deliver to plaintiff, the lessee, the acreage designated in said contract.
We are therefore restricted to a review of this case solely upon the merits.
“That the said first party [defendant] has this day rented to said second party [plaintiff] 200 acres of land being a part of the Burroughs plantation for a term of one year, beginning January 1, 1917, ending January 1, 1918, being a part of the land cultivated by H. P. Moore.”
It is clear from this description of the leased premises that the object of the lease was “a part of the land cultivated by H. P. Moore,” located on the Burroughs plantation. It is true that the leased premises is stated in the contract between the parties to contain “200 acres,” yet, in the absence of any designated metes and bounds fixing the limits of the lease, it is clear that the quantity of
The conclusion at which we have arrived in this case is that the incidental mention in the contract of lease of the quantity of land as “200 acres,” so much relied upon by plaintiff, was intended to be merely descriptive and not controlling or by way of warranty. Bautovich v. Great Southern Lumber Co., 129 La. 858, 56 South. 1026, Ann. Cas. 1913B, 848; Brawley v. U. S., 96 U. S. 168, 24 L. Ed. 622.
The judgment appealed from is therefore affirmed at the cost of appellant.