F. W. Woolworth Co. v. Nelson
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh-A. Locke, Judge. Bill by Frank Nelson, Jr., against the F. W. Woolworth Company and the Parisian Company, to enjoin alteration of a leased building. From decree granting injunction, respondents appeal.
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Appeal from Circuit Court, Jefferson County; Hugh-A. Locke, Judge. Bill by Frank Nelson, Jr., against the F. W. Woolworth Company and the Parisian Company, to enjoin alteration of a leased building. From decree granting injunction, respondents appeal. The bill was filed by Frank Nelson, Jr., as owner and lessor of the storehouse in Birmingham, Ala., against the F. W. Woolworth Company, as lessee, and the Parisian Company, as sublessee of the second floor, for the purpose of enjoining them from altering and changing the external walls and the interior partition of the second floor. Building in…
1Opinion of the CourtSomerville, J.
[1] “It is an old principle of the common law that a tenant is guilty of waste if he materially changes the nature and character of the building leased. * * * And many authorities, hoth English and American, declare that such changes will be deemed waste, even though the value of the property would be enhanced by the alteration.” Parkman’s Adm’r v. Aicardi, 34 Ala. 393, 73 Am. Dec. 457. This rule of the common law has been relaxed or partially repudiated by a number of courts in more modern times. 16 R. C. L. 733, § 225; Ann. Cas. 1912C, 393. But it is still the law in this state, and we…
2Cases cited11 opinions
- Agate v. . LowenbeinNew York Court of Appeals · 1874
- Brigham v. OverstreetSupreme Court of Georgia · 1907
- Nave v. BerrySupreme Court of Alabama · 1853
- Parkman's Adm'r v. Aicardi & ToolSupreme Court of Alabama · 1859
- McDaniel v. CallanSupreme Court of Alabama · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Corona Coal Co. v. HendonSupreme Court of Alabama · 1925
- Mendel v. PinkardCourt of Appeals of Georgia · 1963
- Carrano v. ShoorSupreme Court of Connecticut · 1934
- Crewe Corp. v. FeilerSupreme Court of New Jersey · 1958
- American Book Co. v. StateSupreme Court of Alabama · 1927
13 more not listed; retrieve them via the Exa API.