Eubank v. May & Thomas Hardware Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. The appellants brought an action of assumpsit against the appellee corporation, to recover a month’s rent, alleged to have been due by a parol contract. The facts of the-case are sufficiently stated in the opinion. The cause was tried without the intervention of a jury, and upon the hearing of all the evidence, the court rendered judgment for the defendant.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. The appellants brought an action of assumpsit against the appellee corporation, to recover a month’s rent, alleged to have been due by a parol contract. The facts of the-case are sufficiently stated in the opinion. The cause was tried without the intervention of a jury, and upon the hearing of all the evidence, the court rendered judgment for the defendant. The plaintiffs appeal, and assign the rendition of this judgment as error. 1. The evidence shows that the lease involved in this suit was to terminate at the…
1Opinion of the CourtHaralson, J.
1. If the plaintiffs made a parol contract with the defendant corporation by which they rented to the defendant their store-house for a term, commencing the 10th February, 1890, and ending the 1st of October, 1894, at $75 per month, and under this contract the defendant entered into possession and kept it until the 1st day of October, 1892, paying until that ■time the monthly instalments of rent, and then abandoned the possession and lease, of its own accord and without the consent .or fault of the plaintiffs, the contract does not fall within the influence of the statute of frauds, and is as…
2Cases cited2 opinions
- Shakespeare v. AlbaSupreme Court of Alabama · 1884
- Steadham v. ParrishSupreme Court of Alabama · 1890
3Cited by5 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- A. G. Rhodes Furniture Co. v. WeedenSupreme Court of Alabama · 1895
- Dockery v. ThorneCourt of Appeals of Texas · 1911
- Merrell v. WitherbySupreme Court of Alabama · 1898
- Dockery v. ThorneCourt of Appeals of Texas · 1911