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Landry v. LeBlanc
Louisiana Court of Appeal
416 So. 2d 247 (1982)
Adelaide Landry (plaintiff) leased farmland to Adley LeBlanc (defendant). A few years into the lease, LeBlanc made arrangements for a large amount of topsoil to be removed from a portion of the land. Landry asserted that LeBlanc did not have permission to remove the soil, notified LeBlanc that the lease would not be renewed, and asked LeBlanc to restore the affected land to its original condition. LeBlanc refused to do so. Landry sued LeBlanc for damages. LeBlanc claimed that he had received verbal permission from Landry’s brother to have the soil removed and that Landry’s brother had been acting as Landry’s agent. LeBlanc presented parol evidence in support of this claim, which the trial court admitted over Landry’s objections. The trial court held that Landry had not met her burden of proof and dismissed the case. Landry appealed.
Rule of Law
Holding and Reasoning (Doucet, J.)
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