Adler & Co. v. Western Railway
Supreme Court of Alabama
Appeal from Dallas Circuit Court. Heord before Hon. B. M. Miller. Action by L. C. Adler & Company against tbe Western Railway of Alabama. Judgment for tbe defendant, and plaintiff appeals. Tbe lease referred to in tbe opinion was as follows: State of Alabama, County of Dallas.
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Appeal from Dallas Circuit Court. Heord before Hon. B. M. Miller. Action by L. C. Adler & Company against tbe Western Railway of Alabama. Judgment for tbe defendant, and plaintiff appeals. Tbe lease referred to in tbe opinion was as follows: State of Alabama, County of Dallas. Tbis indenture, made and entered into this 4th day of January, 1902, by and between tbe Western Railway of Alabama, a corporation, Landlord, and E. Gill-man, of Selma, Alabama, tenant, witnessetb: That in consideration of tbe construction and erection tbereon of a wood building, with metal roof, according to plans and…
1Opinion of the CourtSomerville, J.
Tlie plaintiff sued the defendant railroad company for setting fire to and destroying on, to Avit, November 24, 1912, his Avarehouse and its contents, located on a lot adjoining the defendant’s right of way.
The defendant interposed a special plea which may be summarized as follows: On January 4, 1902, the defendant leased the warehouse premises to E. Gillman and assigns, “for the term of ten years from the 4th day of January, 1902, and the further term hereinafter mentioned,” viz.: “In the event the landlord shall not exercise said option of purchase at the end of said ten year period, the…
2Cases cited6 opinions
- Gilmer v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1885
- Webb v. RobbinsSupreme Court of Alabama · 1884
- Etowah Mining Co. v. Wills Valley Mining & Mfg. Co.Supreme Court of Alabama · 1898
- Kennedy Bros. v. Iowa State InsuranceSupreme Court of Iowa · 1902
- Tennessee C. I. & R. R. v. Pratt Consolidated Coal Co.Supreme Court of Alabama · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Republic Steel Corporation v. PayneSupreme Court of Alabama · 1961
- Patterson v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1919
- Life & Casualty Ins. v. PorterfieldSupreme Court of Alabama · 1940
- McKinney v. Mobile O. R. Co.Supreme Court of Alabama · 1926