Crawford v. Jones
Supreme Court of Alabama
Appeal from Circuit Court of Pickens. Tried before Hon. Luther R. Smith. The appellee, Jones, as surviving partner of the firm of J. A. Winston & Co., brought this action against the appellant as administrator of Thompson Crawford, deceased, to recover rent for a half interest in the “Pickensville Ferry,” which the intestate rented from said firm in his fife time.
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Appeal from Circuit Court of Pickens. Tried before Hon. Luther R. Smith. The appellee, Jones, as surviving partner of the firm of J. A. Winston & Co., brought this action against the appellant as administrator of Thompson Crawford, deceased, to recover rent for a half interest in the “Pickensville Ferry,” which the intestate rented from said firm in his fife time. The first count of the amended complaint claimed $225 on an account stated, &c., on the first day of January, 1869, “the same being for rent of the Pickensville Ferry, in said county, for the year 1868, the same being bid off by…
1Opinion of the Court
BB1CEELL, C. J.
The complaint contains two counts-the first setting out a contract for renting for the year 1868, made at public auction, in December, 1867. To avoid the statute of frauds, it is averred the renting was at public auction, and a memorandum made by the clerk of the auctioneer, conforming to the statute, B. C. § 1683. The second count is on a contract of renting, made in January, 1869, for that year. An averment is made that the defendant, under the contracts of renting, had the use and occupation of the premises during each year. The memorandum made by the clerk of the renting in…
2Cases cited5 opinions
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Rainey v. CappsSupreme Court of Alabama · 1853
- Osgood v. DeweyNew York Supreme Court · 1816
- Bank of Mobile v. BrownSupreme Court of Alabama · 1868
- McLear v. MorganCourt of Appeals of Kentucky · 1845
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- Leadbetter v. PewthererOregon Supreme Court · 1912
- Martin v. BlanchettSupreme Court of Alabama · 1884
- Farrow v. BurnsAlabama Court of Appeals · 1921
- Smith v. PritchettSupreme Court of Alabama · 1893
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