D. H. OVERMEYER CO., INC. v. BLAKELEY FLOOR COVER., INC.

No. 4989.

266 So.2d 925 (1972)

D. H. OVERMEYER CO., INC. v. BLAKELEY FLOOR COVERING, INC.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 17, 1972.

Writ Refused November 21, 1972.


Attorney(s) appearing for the Case

Monroe & Lemann, Peter G. Williams, Richard W. Bussoff, and Bat P. Sullivan, Jr., New Orleans, for plaintiff-appellant.

Levy, Smith & Pailet, Adolph J. Levy, New Orleans, for defendant-appellee.

Before SAMUEL, LEMMON and GULOTTA, JJ.


SAMUEL, Judge.

This appeal involves the breach of a written contract of lease and the credit to which the defaulting lessee is entitled from rent the lessor collected from a second tenant following defendant's abandonment of the leased premises.

The facts are not in dispute. Plaintiff rented defendant warehouse space for the period beginning July 15, 1968 and ending July 14, 1969 for $460 per month. Upon signing...

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