Chamberlain v. Godfrey's Administrator
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. John Elliot. This action was brought by Mrs. Cornelia Godfrey, as the administratix of the estate of her deceased husband, Abner M. Godfrey, against Francis H. Chamberlain, and was commenced on the 31st day of October, 1871. The complaint was for a breach of covenant, and was founded on a lease entered into between the defendant and the plaintiff’s intestate, dated the 22d day of May, 1869, by which said…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. John Elliot. This action was brought by Mrs. Cornelia Godfrey, as the administratix of the estate of her deceased husband, Abner M. Godfrey, against Francis H. Chamberlain, and was commenced on the 31st day of October, 1871. The complaint was for a breach of covenant, and was founded on a lease entered into between the defendant and the plaintiff’s intestate, dated the 22d day of May, 1869, by which said defendant, acting by his agent, G. M. Parker, rented to said A. M. Godfrey, for the term of six months, commencing on the first…
1Opinion of the CourtBrickell, J.
A lessee of premises destroyed, during the term, by inevitable accident, the violence of nature, or the act of a public enemy, has no relief against an express covenant or promise to pay rent, either at law or in equity, unless he protects himself by a stipulation in the lease, or the landlord covenants to rebuild. The reason of the rule, usually assigned, is, that the lessee by his owrn contract creates the charge upon himself, and, no fault being imputable to the landlord, he should be compelled to bear it, as he could, if he had chosen, have relieved himself by a stipulation for the…
2Cases cited5 opinions
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- McMillan v. SolomonSupreme Court of Alabama · 1868
- Graves v. BerdanNew York Supreme Court · 1859
- Kerr v. Merchant's Exchange Co.New York Court of Chancery · 1839
- Ames v. SchueslerSupreme Court of Alabama · 1848
3Cited by15 opinions
- Warren v. WagnerSupreme Court of Alabama · 1883
- O'Byrne v. HenleySupreme Court of Alabama · 1909
- Cook & Co. v. AndersonSupreme Court of Alabama · 1887
- Japhet v. PolemanakosCourt of Appeals of Texas · 1913
- Pizitz-Smolian Co-Operative Stores v. RandolphSupreme Court of Alabama · 1930
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