
    Duncan N. Hennen v. Hayden and Kelly.
    The lessor is entitled to have the lease annulled if the lessee does not pay the rent.
    The lessor is bound for the expense of such repairs as decay renders necessary; but the lessee has no right to have such repairs made at his expense, unless the lessee has first put him in default.
    PPEAL from the District Court of Jefferson. Clarke, J. The judgment of the district court was as follows: “This case is before the court after a new trial. The plaintiff sues to cancel a lease, on the ground that the defendant’s lessees refuse to pay rent. The latter, being put in default for non-payment, attempt to justify their refusal, on the plea that the plaintiff had neglected to repair the floors of the premises which had decayed, and had refused to deduct from the rent the costs of those repairs made by the lessees themselves; for which, $230, a reconventional demand is instituted. There is no doubt but that, under articles 2686, 2687, C. C., the lessor is bound for the expense of repairs which decay renders necessary. But the lessee cannot himself make the repairs at the lessor’s expense, unless he complies with article 2664, and puts the landlord in default. There is no proof that the landlord was called on to make the repairs.
    “It is therefore ordered and decreed, that the lease of the premises in the petition described be annulled and cancelled as prayed, and possession thereof be delivered to the plaintiff, at the costs of defendants; and further, that the reconventional demand be dismissed as in case of non-suit.”
    
      D. N. Hennen, in propria persona. Elliott, for defendant.
   The judgment of the court was pronounced by

Eustis, C. J.

For the reasons given by the judge of the district court, it is ordered, adjudged and decreed, that the judgment of the court below be affirmed, with costs.  