Vidalat v. City of New Orleans
Supreme Court of Louisiana
PPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. a. The city of New Orleans, having leased the right to collect the revenues of the public markets to Vidalat &0o., was bound to maitanin the markets in a condition to serve the purpose for which the right to collect such revenues was leased. It could not, therefore, lawfully do any act to diminish such revenues during the existence of the lease.
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PPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. a. The city of New Orleans, having leased the right to collect the revenues of the public markets to Vidalat &0o., was bound to maitanin the markets in a condition to serve the purpose for which the right to collect such revenues was leased. It could not, therefore, lawfully do any act to diminish such revenues during the existence of the lease. Civil Code, Art. 2692. :2. The city of New Orleans having, in terms, expressly contracted to enforce the laws and ordinances relative to public and private markets, for the…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
As assignee, S. Vidalat, the plaintiff, claims of the •city of New Orleans $100,000, on the averment that, by the acts and •omissions of her officers and agents, his assignor, S. Vidalat & Co., suffered, during the term of its lease of the public markets, a diminuition of profits to that extent.
This demand is founded on three different causes of action, of ■similar import, viz.:
1. His claim is that, for an alleged diminution of market revenues, arising from competition with the private markets, which, as lessor, the city had failed to…
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- Dupont v. ThibodoLouisiana Court of Appeal · 1942
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