Alabama State Fair & Agricultural Ass'n v. Alabama Gas Fixture & Plumbing Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Heard before the Hon. Chas. A. Senn. This was an action brought by the appellee against ¡he appellant.
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Appeal from the City Court of Birmingham. Heard before the Hon. Chas. A. Senn. This was an action brought by the appellee against ¡he appellant. The first four counts of the complaint were the common counts, while in the fifth count of the complaint the plaintiff claimed of the defendant the sum of $486.91, “due it on a contract for work and labor done and for materials and fixtures furnished and for improvements made by plaintiff as original contractor on grounds, houses, tenements and buildingsi located on that certain parcel or lot of land known as Smith’s Park m the city of Birmingham,…
1Opinion of the CourtShabpe, J.
For work and material employed in making buildings and improvements on leased land under a contract with the lessee, a lien may under the statute be .made to “attach to the building or improvement and to the unexpired term of the lease” when “the erection thereof is not in violation of the terms or conditions of the lease.” — Code, § 2725. A provision in a lease ‘which like that averred in plea 5 merely prohibits the removal of improvements from the premises unless the rent be paid, is not violated by the erection of the improvements and does not in itself, prevent the esbablishmeni or…
2Cases cited4 opinions
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Nashville, Chattanooga & St. Louis Railway Co. v. Parker & Co.Supreme Court of Alabama · 1898
- Leftwich Lumber Co. v. Florence Mutual Building, Loan & Savings Ass'nSupreme Court of Alabama · 1894
- Greene v. RobinsonSupreme Court of Alabama · 1895
3Cited by9 opinions
- Projects Unlimited, Inc. v. Copper State Thrift & Loan Co.Utah Supreme Court · 1990
- Gilbert v. Talladega Hardware Co.Supreme Court of Alabama · 1915
- American Book Co. v. StateSupreme Court of Alabama · 1927
- Richardson Lumber Co. v. HowellSupreme Court of Alabama · 1929
- Jefferson Plumbers & Mill Supply Co. v. PeeblesSupreme Court of Alabama · 1916
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