Jebeles & Colias Confectionery Co. v. O'Byrne
Alabama Court of Appeals
Assumpsit. Appeal from Jefferson Circuit Court. Heard before Hon. H. A. Coleman. Action by the Jebeles & Colias Confectionery Company against T. W. O’Byrne. Judgment for defendant, and plaintiff appeals.
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Assumpsit. Appeal from Jefferson Circuit Court. Heard before Hon. H. A. Coleman. Action by the Jebeles & Colias Confectionery Company against T. W. O’Byrne. Judgment for defendant, and plaintiff appeals. The following are the pleas referred to: “(3) As an answer to the third, fourth, and fifth counts, defendant says that he is the tenant of said premises under and by virtue of a lease with Mary F. Robertson, as alleged by plaintiff in this complaint, and on, to-wit, the 1st day of January was in possession of said premises, and then and there let said premises to Frank Krelhaus for the term…
1Opinion of the CourtThomas, J.
This case is another branch of litigation between the same parties, growing out of and involving the same lease contract and the same breach and forfeiture thereof as was considered in the case of O’Byrne v. Jebeles & Colias Confectionery Co., 165 Ala. 185, 51 South. 633, to which reference is made for fuller particulars. After the termination of that suit, this one was brought by appellant, who is the assignee of the lessor, against appellee, who is the lessee, for a breach of the covenant, contained in the lease contract mentioned, to keep and deliver in repair the building, which was…
2Cases cited3 opinions
- Brock v. Desmond & Co.Supreme Court of Alabama · 1908
- McTighe & Co. v. McLaneSupreme Court of Alabama · 1890
- O'Byrne v. Jebeles & Colias Confectionery Co.Supreme Court of Alabama · 1910
3Cited by2 opinions
- INTERNATIONAL TOOL, ETC. v. SullivanCourt of Civil Appeals of Alabama · 1980
- Guarente v. Waldorf System, Inc.Massachusetts Supreme Judicial Court · 1960