ILLINOIS CENT. GULF R. CO. v. INTERNATIONAL HARVESTER

No. 62963.

368 So.2d 1009 (1979)

ILLINOIS CENTRAL GULF RAILROAD COMPANY v. INTERNATIONAL HARVESTER COMPANY.

Supreme Court of Louisiana.

Rehearing Denied April 9, 1979.


Attorney(s) appearing for the Case

Mack E. Barham, Sherry M. Wise, Lemle, Kelleher, Kohlmeyer & Matthews, New Orleans, Saul Litvinoff, La. State University Law Center, Baton Rouge, for plaintiff-applicant.

Max Nathan, Jr., Peter S.Title, Sessions, Fishman, Rosenson, Snellings & Boisfontaine, New Orleans, for defendant-respondent.


DENNIS, Justice.*

In this case we are called upon to decide two principal issues: Did the lessor by its silence and acceptance of rentals under the circumstances of this case impliedly consent to a sublease and a modification of the lease clause restricting the tenant's use and occupation of the premises? Should the court, by applying the doctrine of abuse of rights to the facts of this case, refuse to enforce the lessor's right under...

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