Gamble v. New Orleans Housing Mart, Inc.

YARRUT, Judge.

This appeal is a sequel to the original suit between the same parties which this court remanded to the district court. The remand was to determine whether or not the Defendant-lessor could justify his refusal to accept a subtenant of Plaintiff-lessee and yet accept him as its own lessee.

In the original hearing the lower court maintained an exception of no cause of action and dismissed Plaintiff’s suit. We held that (1) the pertinent allegations of a petition must be accepted as true for the purpose of deciding an exception of no cause of action; (2) a prohibition against…