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Falgoust v. Innes

Louisiana Court of Appeal

163 So. 429 (1935)

Facts

Ms. Falgoust (plaintiff) owned property in St. James Parish, Louisiana. Falgoust gave verbal permission to John Innes (defendant), who was her son-in-law, to erect a building on her land and operate it as a garage and gas station. Approximately eight months later, Falgoust gave notice to Innes in writing that he had to vacate her property, apparently after her daughter started separation proceedings against Innes. Innes refused to vacate the premises. Falgoust sued Innes to compel him to vacate the property and to remove the buildings he had erected and also to claim rent for every month he remained on the property after receiving notice to vacate. Innes claimed that Falgoust had given him verbal permission to occupy the land for a period of five years. The trial court entered a judgment for Falgoust, ordering Innes to vacate and remove the buildings, but rejected Falgoust’s claim for rent. Innes appealed.

Rule of Law

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Issue

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Holding and Reasoning (Westerfield, J.)

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