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Richard v. Broussard

Louisiana Supreme Court
495 So. 2d 1291 (1980)


Facts

The landlord (plaintiff) leased a building to the tenants (defendants) on November 20, 1981, for a period of 24 months. The landlord had previously operated a seafood restaurant in the building, and the tenants planned to do the same. If the tenants abandoned the property, the lease gave the landlord the right to take possession of the property and relet the premises to a third party without canceling the lease. The landlord would also be allowed to seek unpaid rent from the original tenants with an offset for rent collected from any new tenant. The tenants abandoned the premises in July 1982. The landlord began advertising for a new tenant, but it was not successful. At the end of September 1982, the landlord re-occupied the property and began to operate a seafood restaurant again. The landlord also sued the tenants to recover accelerated, future rent and costs. The trial court found in favor of the landlord and awarded accelerated rent, costs, and expenses. The tenants appealed.

Rule of Law

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Issue

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Holding and Reasoning (Lemmon, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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