Audubon Hotel Co. v. Braunnig

Citations

• 120 La. 1089
• 46 So. 33
• 1908 La. LEXIS 612

Syllabus

<p>1. Landlord and Tenant — Lessor, Lessee, and Subtenant.</p> <p>A lease from lessor to lessee does not pass to the subtenant. There is no contractual tie between the lessor and the subtenant.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 32, Landlord and Tenant, §§ 244-257.]</p> <p>2. Same — Duty of Lessee.</p> <p>The recourse of the subtenant is against his immediate lessor. The duty of the latter is to protect his subtenant, and compel his lessor to perform his part of his obligation as a lessor, which is to inure to the subtenant under the terms of the lease.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 32, Landlord and Tenant, §§ 249-257.]</p> <p>3. Same — Lessor Not Bound as Between Him and ti-ie Subtenant.</p> <p>The subtenant is without the right of renewal of the lease with original lessor in case the exercise of this right is opposed by the lessee.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 32, Landlord and Tenant, § 277.]</p> <p>4. Same — Remedy—Indemnity.</p> <p>The right is to damages, and not to a renewal of the lease and reinstatement in the possession of the property.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 32, Landlord and Tenant, § 277.]</p> <p>5.Same — No Right to Transfer, but Right to Sublet.</p> <p>There are limitations in the lease not expressly passed upon except to the extent of holding that it places the defendant at least one remove further from the impossibility of obtaining possession as subtenant.</p> <p>(Syllabus by the Court.)</p>