
    No. 6882.
    John Grace v. Frank Vonder Haas.
    Where the proof shows that a house has been leased for one month at a fixed price, and one-half of the amount paid in advanoe, and the lessor leases the house to another party, and puts him in possession before the end of the month, the Court will award such damages to the first lessee as the proof shows that he has sustained by the violation of the lease by the lessor.
    PPEAL from the Sixth District Court of New Orleans, Howell, J.
    
      J. Van Balsón, for plaintiff and appellee.
    
      V F. é J. B. Cotton, for defendant and appellant.
    
      Boporler. — The following opinion was rendered by the Judge of the District Court:
    The proof shows that defendant rented a house to plaintiff at $20 per month, from 15th December, 1858, and received half a month’s rent ($10) in advance; no particular day was fixed for moving- into the house, and the lease was complete for one month, and not for a half month only, the agent of plaintiff informing defendant that it would make no difference when plaintiff would move into the house, as his rent would be secure to him. He did not reserve to himself the right to annul the lease, if the house was not occupied at the expiration of the half month.
    One witness says that the house was to be taken possession of on 15th December, but he evidently referred to the date when the lease should begin. The admission confirms this, which says plaintiff was to move in as soon as possible; confirming the testimony of Hutchinson, plaintiff, by the agreement and payment, had a right to the house for one month at least. The prool does not show a contract for a year.
    
    Defendant was made aware that plaintiff’s family was not in town, but was expected from one to three or four weeks.
    Plaintiff has proven only $80 paid out by him, of which he had to pay $8, if .he had obtained the house, leaving a balance of $22.
    The same amount is attained by another witness, to wit: $28 paid the carmen, and $6 to move to defendant’s house, leaving $22. To this, add the $10 paid on rent, and we have $82 paid out by plaintiff by the fault of defendant; to which may also be added the difference in the rent for the half month, to wit: $2 50.
    No other damages are proven; but this sum ($34 50) I think plaintiff is entitled to a judgment, both in law and equity.
    Defendant, having made such a bargain, should not have become alarmed so soon. He should have waited the month, or at least not given it to another before the expiration of the month.
    It is therefore ordered, that plaintiff recover of defendant $34 50 and costs.
   Labatjve, J.

The plaintiff demands of the defendant $520, as damages for the violation of a contract of lease, to commence on the 15th of December, 1859, at the rate of $20 per month; one-half of the first month, to wit: $10, was paid in advance.

The answer is a general denial.

The Court below, after hearing the evidence, gave judgment for plaintiff for $85 50 and costs.

The defendant appealed.

The contract of lease was entered into on the 9th of December, 1859; the plaintiff was represented by an agent, who made the defendant aware that plaintiff’s family was'not in town, but was expected to arrive here shortly, perhaps, in one, two, three or four weeks, but deeming that that made no difference, as the rent was secure, and when Grace’s family arrived, they would at once go into the house. The defendant rented the house on the 4th of January, 1860, and on the same day plaintiff arrived with his family and furniture, and found the house rented, and in the possession of another lessee.

We are satisfied that the evidence and circumstances of the case, fully authorized the judgment appealed from.

For the reasons assigned' by our learned brother below, his judgment is affirmed, with costs.

HowEim, J., recused.  