Ebersole v. Addington
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action in assumpsit by C. D. Ebersole against J. L. Addington, for rent. Judgment for defendant on his plea of tender, and plaintiff appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action in assumpsit by C. D. Ebersole against J. L. Addington, for rent. Judgment for defendant on his plea of tender, and plaintiff appeals. The defendant having failed to support his plea of tender the plaintiff was entitled to a judgment and costs. — Modalley v. Otey, 99 Ala. 584. The lease contract was modified by the subsequent parol agreement, which is permissible. — Robinson v. Bulloch, 66 Ala. 548. Mutual promises are sufficient to support the agreement.— 61 Ala. 312; 58 Ala. 296; 54 Ala. 122.'
1Opinion of the CourtAnderson, J.
Accepting the defendant’s version that the first of the four receipts introduced showed the payment of the rent up to July 30th, and that he subsequently paid $24, as shown by the other three receipts for $8 each, and tendered $8, making a total of $32, or the rent for 8 weeks, this sum would not cover the rent due, under the terms of the lease, from and including the 30th of July up to the 1st of October. There were 2 days in July, 31 in August, and 30 in September, making a total of 63 days, or exacting 9 weeks. The defendant was therefore in arrears $12, instead of $8, on the 1st of…
2Cited by4 opinions
- Florida Nursery & Trading Co. v. WatsonSupreme Court of Alabama · 1917
- Decker v. State Nat. BankSupreme Court of Alabama · 1951
- Jackson v. CantrellAlabama Court of Appeals · 1952
- Nickleson v. LoftonAlabama Court of Appeals · 1919