Chassereau v. Stuckey Ex Rel. Estate of Stuckey

Gardner, Judge:

Chassereau (lessee) sued Stuckey (lessor) to enforce the terms of a real estate lease. The subject lease provided in the demising clause that the property was “to be used primarily as an automobile dealership.” The lessee sublet the property to a sublessee who used it solely as a saloon. The lessor, acting upon an ejectment order of a magistrate which was later set aside, demised the subject property to the same tenant to whom the lessee had sublet it. The new tenant then paid the rent to the lessor. The appealed order provided that the lessee be reimbursed for the rent…