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MAXWELL, INC. v. WILLIAMS-McWILLIAMS INDUSTRIES, INC.

No. 93.

128 So.2d 674 (1961)

MAXWELL, INC. v. WILLIAMS-McWILLIAMS INDUSTRIES, INC.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 24, 1961.

Certiorari Denied June 20, 1961.

Attorney(s) appearing for the Case

Deutsch, Kerrigan & Stiles, Rene H. Himel, Jr., and Frank J. Peragine, New Orleans, for defendant-appellant.

Charles Rosen, II, of Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for plaintiff-appellee.

Before REGAN, YARRUT and HALL, JJ.

YARRUT, Judge.

This is a suit by a Lessor to recover $7706.01 additional rent due from the Lessee, under an escalator clause in the lease, from September 1, 1952, to August 31, 1958, when Lessee surrendered the premises by mutual consent.

The District Court allowed only $2,054.40 for the final lease year (September 1, 1957, through August 31, 1958).

Defendant has appealed, praying for a complete reversal, and Plaintiff has answered asking an increase...

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