BABIN v. DANNA

No. 12.

129 So.2d 293 (1961)

George Christie BABIN v. Anthony DANNA.

Court of Appeal of Louisiana, Fourth Circuit.

May 2, 1961.


Attorney(s) appearing for the Case

Bernard, Micholet & Cassisa, New Orleans, for plaintiff-appellant.

Albert A. Bargas and Charles E. Deichmann, New Orleans, for defendant-appellee.

Before REGAN, YARRUT and HALL, JJ.


LUTHER E. HALL, Judge pro tem.

Plaintiff, owner of a motel on the Airline Highway, sued defendant for rental allegedly due under the terms of a written lease dated March 1, 1954, covering the restaurant part of the motel. The lease signed by both parties stipulated for a monthly rental of $500 per month, or 15% of the gross receipts monthly, whichever might be greater.

Plaintiff's claim under the lease amounted to the sum of $42,000 which is 15% of the monthly...

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