Crommelin v. Thiess & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. C. W. Rapiee. This action was brought by Charles Crommelin, against B. 8. Thiess & Co., to recover $500 for the use and occupation of a storehouse in the city of Montgomery, “from the 1st October, 1854, to the 1st April, 1855'’; and was commenced on the 18th April, 1855. In consequence of the rulings of the court on the trial, the plaintiff was compelled to take a nonsuit, which he now moves to set aside;…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. C. W. Rapiee. This action was brought by Charles Crommelin, against B. 8. Thiess & Co., to recover $500 for the use and occupation of a storehouse in the city of Montgomery, “from the 1st October, 1854, to the 1st April, 1855'’; and was commenced on the 18th April, 1855. In consequence of the rulings of the court on the trial, the plaintiff was compelled to take a nonsuit, which he now moves to set aside; assigning as error the several rulings of the court, to which he reserved exceptions, and which are thus stated in the bill…
1Opinion of the CourtBice, C. J.
— The most important question for consideration is, on wbat terms shall t|je defendants be considered as bolding after the expiration of the first lease.
If there was no evidence explanatory of the holding over after the expiration of that lease, the case would be a plain one for the plaintiff. For it is a settled rule, that where a party, having held under a lease for a year, at a certain rent, continues to occupy after the expiration of his term, it is presumed, if there be no evidence to the contrary, that he holds for the time, and on the terms of the original lease. But here we have…
2Cases cited1 opinion
- Carmichael v. BrooksSupreme Court of Alabama · 1839
3Cited by58 opinions
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