Schuisler & Donnell v. Ames
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Tried before the Hon. George Goldthwaite. This was an' action by a landlord against his tenants to re'* cover rent. The proof conduced to show, that the defendants leased a store of plaintiff for one year, ending the first of No - vember 1844. At the expiration of the term, they held over without a renewal of the lease. The defendants were partners, and' in January 1845, dissolved their partnership, and abandoned the premises.
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Error to the Circuit Court of Montgomery. Tried before the Hon. George Goldthwaite. This was an' action by a landlord against his tenants to re'* cover rent. The proof conduced to show, that the defendants leased a store of plaintiff for one year, ending the first of No - vember 1844. At the expiration of the term, they held over without a renewal of the lease. The defendants were partners, and' in January 1845, dissolved their partnership, and abandoned the premises. They however, paid the quarter’s rent falling due February 1845. In August 1845, the plaintiff rented the store to Donnell,…
1Opinion of the CourtDargan, J.
When this cause was before this court at *76a previous terip, we held, that .where there was a lease at a stipulated annual rent, and the tenant held over without making any new agreement as to the rent, the law implied a contract of renting from year to year, at the original rent agreed on. 14 Ala. 600. It is now shown that the defendants abandoned the premises in January 1845, and in August the plaintiff entered into a new contract, by which he leased the store to one of them alone, and it is contended, that this renting discharged the other tenant from the rent that had fallen due, and which…
2Cases cited3 opinions
- M'Kinney v. ReaderSupreme Court of Pennsylvania · 1838
- Ames v. SchueslerSupreme Court of Alabama · 1848
- Marseilles v. KerrSupreme Court of Pennsylvania · 1841
3Cited by24 opinions
- Monger v. . LutterlohSupreme Court of North Carolina · 1928
- Rice v. DudleySupreme Court of Alabama · 1880
- Wolffe v. WolffSupreme Court of Alabama · 1881
- Shahan v. Herzberg, Simpson & Co.Supreme Court of Alabama · 1882
- Merrill v. WillisNebraska Supreme Court · 1897
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