KAVANAUGH v. BERKETT

No. 13433.

387 So.2d 1270 (1980)

Joseph H. KAVANAUGH et al. v. Marian Mayer BERKETT et al.

Court of Appeal of Louisiana, First Circuit.

Writ Granted September 19, 1980.


Attorney(s) appearing for the Case

John Dale Powers, and Michael H. Rubin, Baton Rouge, for plaintiffs-appellees, Joseph H. Kavanaugh and Robert B. Tudor, Jr.

Ashton L. Stewart, Baton Rouge, for defendants-appellants, Marian Mayer Berkett, individually and as executrix of the Succession of Maurice J. Mayer, Jr., Rhea CohnRosenburg, Lois Bier Mayer, Charles Davis Mayer, Jr., and Margart Ann Mayer.

Before EDWARDS, LEAR and WATKINS, JJ.


WATKINS, Judge.

This is an action for a declaratory judgment to interpret a provision of a lease and for damages for alleged breach of the lease. From a judgment favorable to plaintiffs which interpreted the lease to require defendants to execute a "commercially feasible mortgage" and which awarded plaintiffs $147,010.00 in damages, defendants have appealed. We reverse.

On April 29, 1968, defendants leased unimproved immovable property on Acadian Thruway in...

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