Lavecchia v. Tillman
Mississippi Supreme Court
Appeal from the circuit court of Warren county. Hon. J. C. Bryson, Special Judge. Suit hy A. Gr. Tillman against Joseph Lavecchia. UProm an order sustaining a demurrer to his pleas, defendant appeals. Appellee, the owner of a storehouse in Vicksburg, leased same to the appellant.
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Appeal from the circuit court of Warren county. Hon. J. C. Bryson, Special Judge. Suit hy A. Gr. Tillman against Joseph Lavecchia. UProm an order sustaining a demurrer to his pleas, defendant appeals. Appellee, the owner of a storehouse in Vicksburg, leased same to the appellant. The lease provided that: “The business for which said premises is leased is the sale of soft drinks or near beer, but nothing herein ■contained, nor verbal understanding, shall give the right to "said lessee to conduct any unlawful business "herein. ’ ’ The lessee also obligated himself to comply with all ■city…
1Opinion of the CourtHolden, J.
This case is controlled by the rule announced by this court in Mitchell v. Campbell, 111 Miss. 806, 72 So. 231. The demurrer of the plaintiff below to the plea of the defendant alleging an illegal and void contract should have been overruled, as the plea presents a good defense to the action, and may be proven by oral testimony.
Reversed and remanded.
2Cases cited1 opinion
- Mitchell v. CampbellMississippi Supreme Court · 1916
3Cited by2 opinions
- Smith v. SimonMississippi Supreme Court · 1969
- Merchants Bank & Trust Co. v. WalkerMississippi Supreme Court · 1942