Waters v. Merritt

Appellee-plaintiff, Frank V. Merritt, recovered judgment in the Circuit Court of Jefferson County, Alabama, in an amount equal to two months’ rent of a commercial building fixed by the terms of a written lease. From this judgment, rendered by the trial judge, without the aid of a jury, appellant-defendant appeals with appropriate assignments of error that are adequately argued in compliance with the rules of this court.

It is undisputed that the building, on or about February 15, 1959, was “gutted” (using a colloquial term) by fire. Pursuant to the terms of the rental agreement, plaintiff…