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FABER v. GAY TIMES, INC.

No. 4993.

267 So.2d 252 (1972)

Malcolm J. FABER and Leo Menendez v. GAY TIMES, INC.

Court of Appeal of Louisiana, Fourth Circuit.

September 29, 1972.

Attorney(s) appearing for the Case

Connick & Connick, Harry Connick, New Orleans, for plaintiffs-appellants.

DuFour, Levy, Marx, Lucas & Osborne, William M. Lucas, Jr., New Orleans, for defendant-appellee.

Before SAMUEL, LEMMON and STOULIG, JJ.

SAMUEL, Judge.

Plaintiff filed this suit to cancel a contract of sublease. He alleges the defendant breached the agreement by: (1) altering the leased premises without permission of either the owner or the sublessor and using the premises for a purpose other than that specified in the lease; and (2) by using the property for an unlawful purpose, i.e., showing lewd movies. Defendant pleaded the doctrine of equitable estoppel averring plaintiff had acquiesced in the...

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