Haas Bros. v. Craft
Alabama Court of Appeals
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by John Craft against Haas Bros., and the members of the firm. Judgment for plaintiff, and defendant appeals. The complaint is based on the common counts, on a count for use and occupation, and for rent.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by John Craft against Haas Bros., and the members of the firm. Judgment for plaintiff, and defendant appeals. The complaint is based on the common counts, on a count for use and occupation, and for rent. The agreement mentioned is as follows: “I hereby agree to rent the premises located at Southwest St. Louis and Joachim streets, No. 253, St. Louis street, for one year, from Noy. 1, 1911, to Oct. 31,1912, at the rate of $426.00 per annum, the rent to be paid monthly on the first of each month. Lease to be canceled in…
1Opinion of the Court
WALKER, P. J. —
Though the written contract which one Page and the appellants (defendants below) signed was not a lease from the appellee, but an executory agreement for a lease (Harrison v. Parmer, 76 Ala. 157), and, whether or not by that contract the appellants became' bound as principals or as sureties, yet if the execution of it was followed by the appellants entering upon or assuming dominion of the premises mentioned, a recovery of the rent for the entire term may be had under the count for use and occupation, without any other proof of use and occupation than such entry by them, though…
2Cases cited8 opinions
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Louisville & N. R. R. v. WilliamsSupreme Court of Alabama · 1913
- A. G. Rhodes Furniture Co. v. WeedenSupreme Court of Alabama · 1895
- Rothe v. BellingrathSupreme Court of Alabama · 1881
- Murphy v. FarleySupreme Court of Alabama · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Arrick v. FanningAlabama Court of Appeals · 1950
- Carroll v. StateAlabama Court of Appeals · 1951
- Robinson v. MorrisonSupreme Court of Alabama · 1961
- Tennessee Valley Sand & Gravel Co. v. PillingAlabama Court of Appeals · 1950
- Davis v. StateAlabama Court of Appeals · 1950
8 more not listed; retrieve them via the Exa API.