DAVILLA v. JONES

No. 13138.

418 So.2d 724 (1982)

Mrs. Antoinette Ybos DAVILLA v. Lowell F. JONES.

Court of Appeal of Louisiana, Fourth Circuit.

July 30, 1982.


Attorney(s) appearing for the Case

Stephen M. Chouest, O'Keefe, O'Keefe & Berrigan, New Orleans, for plaintiff-appellee.

Philip E. James, Jr., Andrew I. Brown, Henican, James & Cleveland, New Orleans, for defendant-appellant.

Before REDMANN, C. J., and AUGUSTINE and CIACCIO, JJ.


REDMANN, Chief Judge.

A lessee appeals from a judgment of eviction for non-payment of nine months' rent. The question is whether the circumstances of his dealings with the lessor relative to withholding the rent to make necessary exterior wall repairs prevent the lessor from evicting him. We conclude that they do and we therefore reverse.

It is not disputed that the walls require repairs and that those repairs are the obligation of the lessor. The lessor's...

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