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Garrett v. Shreveport Land & Mineral Co.

Garrett v. Shreveport Land & Mineral Co., 92 So. 565 (La. 1922)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
June 5, 1922
Docket
No. 23648
Judges
Leche, Overton, Provosty
Citations
92 So. 565151 La. 9831922 La. LEXIS 2820
Disposition
Affirmed.
Syllabus
(Syllabus by Editorial Staff.) Mines and minerals <&wkey;58 — Lease without consideration properly canceled when potestative condition not availed of. Mineral lease which was without consideration, and under which the lessee assumed no obligation except such as might result from a potestative condition, was properly canceled where defendant had not availed itself of such condition.
Summary
Appeal from Third District Court, Parish of Claibofne; J. E. Reynolds, Judge. Suit by D. V. Garrett against the Shreveport Land & Mineral Company. From a judgment for plaintiff, defendant appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Leche

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LECHE, J.

Plaintiff bought certain lands situated in the parish of Claiborne, affected by the registry of a mineral lease in favor of D. W. Knighton, trustee. He instituted the present suit against defendant, transferee of said lease, to have the same declared null and void, on the ground, mainly, that said lease was executed without any consideration whatever, that the lessee assumed no obligation except such as might result from a potestative condition,, and that the contract is a nudum pactum.

The district court rendered judgment in favor of plaintiff, declaring said lease to be null and void, and ordering the cancellation of its registry. From that judgment defendant took the present appeal.

The record shows that defendant did not avail itself of the potestative condition inserted in the contract, and that at the time this suit was filed the lease still remained without any consideration. Under these circumstances this case is controlled by the decision in Raines v. Dunson, 145 La. 542 , 82 South. 690 , and the cases therein cited.

For these reasons the judgment appealed from is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1922: 11951: 119222026peak 1922 · 1

Relies on it most ⓘ

  1. Williams v. Jahncke Service, Inc.55 So. 2d 668 (La. Ct. App. 1951)
  2. Garrett v. Shreveport Land & Mineral Co.92 So. 566 (La. 1922)

Most recent

  1. Williams v. Jahncke Service, Inc.55 So. 2d 668 (La. Ct. App. 1951)
  2. Garrett v. Shreveport Land & Mineral Co.92 So. 566 (La. 1922)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Raines v. Dunson, 82 So. 690 (La. 1918) 14

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