26 La. Ann. 402 | La. | 1874
The defendant appeals from a judgment perpetuating an injunction.
In October, 1869, the plaintiff being the lessee of the Washington Hotel at Milneburg, on Lake Pontchartrain, sublet to the defendant, for the term of two years, to commence on the first day of January then next ensuing (1870), “the lower part of the Washington Hotel, comprising the.bar room, saloon and appurtenances, cellar and sleeping room attached thereto,” etc. It appears that it had been usual
The plaintiff, it seems, closed the gate letting through the fence on the way from the hotel to the pavilion, and made another gate within a short distance, and through which the pathway led more directly to the stairway leading up into the restaurant. The main purpose of the injunction, it seems, was to prevent the defendant from reopening a gate through the fence at the place the plaintiff had closed the former one. At a point less directly between the pavilion and the hotel, the defendant did of his own accord open a gate through the fence, and this gate was not closed, although the injunction restrained the defendant “from making any further alterations in the premises known as the Washington Hotel,” and ordered him “to forthwith place the premises in the condition they were at the time lie leased the same from the plaintiff.”
The defendant clearly had no right to make material alterations in the leased premises without express permission. The injunction did not restrain him from the exercise of any of the privileges and facilities he was entitled to by the terms of the lease. His right to set tables in the yard or garden of the hotel was not interfered with. The
We think the judgment of the court below should remain unchanged.
Judgment affirmed.
Reheating refused.