Facts
[A.] assigned to [B.] a public establishment that he was operating in a building belonging to him. The parties then signed a lease agreement by which [A.] granted [B.] the use of the premises used for the operation of the café, with the right to sublease the establishment. After the termination of the main lease by [A.] on March 31, 1993, [B.] continued to sublease the establishment and collect royalties. [A.] then sued [B.] for payment of compensation for unlawful occupation.
Considerations
The Federal Tribunal considered that [B.], by continuing to sublease the public establishment after the expiry of the main lease, committed an act of imperfect management within the meaning of Art. 423 para. 1 CO. [B.] unlawfully interfered with the rights of the landlord [A.] and must therefore reimburse him the profits resulting from this sublease, i.e. CHF 171,630 corresponding to the sublease fees collected.
However, for the period after December 31, 1994, [B.] managed his…