Sarpy v. Schmidt

HENRY F. TURNER, Judge pro tern.

This is an appeal from the First City Court of the City of New Orleans from a judgment in favor of plaintiff in the amount of $350.00 for past-due rent due by the defendant to the plaintiff.

The defendant takes the position that the lower Court erred in not holding that the lease involved should be construed to preclude the plaintiff from collecting his rent, inasmuch as he had cancelled the lease in a suit in the Civil District Court. The lease provides:

“Should the Lessee at any time fail to pay the rent punctually at maturity, as stipulated, the rent for the…