Prieur v. Depouilly
Citations
- 8 La. Ann. 399
Syllabus
<p>Where a contract of lease expressly excludes the right of sub-leasing, the premises cannot be leased without the consent of the lessor.</p> <p>It is not necessary that the lessor should take any notice of the contract of sub-lease, or seek to inter' fere with it any further than it interferes with his rights.</p> <p>Article 260P) of the Code prohibiting the lessee to sub-lease, is to be construed against the lessee.</p> <p>Where the lessee sub-leases, without the lessor’s consent, such sub-lease does not affect the lessor’s right against his immediate lessee, and the lessor cannot be compelled to resort to an action to rescind the lease, and may exercise his privilege on the property in the leased premises,</p>
Judges: Lea, Slidell
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