Hill v. Bishop
Supreme Court of Alabama
Writ of error to the Circuit Court of Talladega. Action of covenant by Bishop against Hill, on articles of agreement sealed by both, to this effect: Bishop rented to Hill the house, lot and appurtenances thereto, known as the Indian Queen Hotel, from the 18th January, 1838, until the 1st day of January, 1839 — Hill to keep the same as a Hotel.- Bishop bound himself to have the Hotel painted; to have the window .sash repaired; to put glass therein; to build a meat house, and…
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Writ of error to the Circuit Court of Talladega. Action of covenant by Bishop against Hill, on articles of agreement sealed by both, to this effect: Bishop rented to Hill the house, lot and appurtenances thereto, known as the Indian Queen Hotel, from the 18th January, 1838, until the 1st day of January, 1839 — Hill to keep the same as a Hotel.- Bishop bound himself to have the Hotel painted; to have the window .sash repaired; to put glass therein; to build a meat house, and a corn crib, by the next spring Court; and another out-house as soon as he conveniently could. For, and in consideration…
1Opinion of the CourtGoldthwaite, J.
1. Judges have often perplexed themselves and others, by endeavoring to ascertain determinate and arbitrary rules under which to class all covenants. After repeated failures in such efforts to settle rules, it seems now to be generally conceded, that the safest and best course is, to ascertain what was the intention of the parties from the instrument they have executed, and then to give it such a construction as will carry this intention into effect. [Kingston vs. Preston, 2 Doug. 689; Glassbrook vs, Woodrows, 8 Term. 371.]
The form of the covenant, or the manner in which the several…
2Cases cited1 opinion
- Greene v. LintonSupreme Court of Alabama · 1838
3Cited by18 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Darling Shop of Birmingham, Inc. v. Nelson Realty Co.Supreme Court of Alabama · 1951
- Kennedy v. StateAlabama Court of Appeals · 1958
- Abrams v. WatsonSupreme Court of Alabama · 1877
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