Messer v. Dupuy-Burke Realty Co.

THOMAS, Justice.

This is a suit in unlawful detainer to recover possession of land specifically described, and for damages for its unlawful withholding.

The complaint was substantially in Code form (section 9531, form 31, Code 1923), and was not subject to the demurrer directed thereto. Abates v. Timbes, 214 Ala. 591, 108 So. 534; Crow v. Smith, 207 Ala. 311, 92 So. 905.

The tenant, in possession under written lease conformable to the statute (section 8034, Code), and the landlord, had the right, for a reciprocal consideration, to modify the written lease by oral agreement in respects here…