WAHLDER v. OSBORNE

No. 8638.

410 So.2d 808 (1982)

Michael M. WAHLDER, Plaintiff-Appellant, v. Richard H. OSBORNE, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 23, 1982.


Attorney(s) appearing for the Case

Michael M. Wahlder, Garrett & Ryland, B. Dexter Ryland, Alexandria, for plaintiff-appellant.

Gold, Little, Simon, Weems & Bruser, F. A. Little, Jr., Alexandria, for defendant-appellee.

Before GUIDRY, SWIFT and STOKER, JJ.


SWIFT, Judge.

In this proceeding plaintiff-lessor, Michael Wahlder, is attempting to evict defendant-lessee, Richard H. Osborne, from property owned by the plaintiff in Alexandria. From the trial court's judgment refusing to cancel the lease, the plaintiff appeals.

On May 22, 1972, the plaintiff granted a lease to the defendant to operate a filling station which contained the following relevant provisions:

"Lessee shall pay as rent for the leased...

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