Chambers v. Lindsey
Supreme Court of Alabama
Appeal from Mobile and Equity Court. Heard before Hon. Saffold Berney. Action by James G. Chambers against Martin Lindsey, judgment for the defendant, and plaintiff appeals.
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Appeal from Mobile and Equity Court. Heard before Hon. Saffold Berney. Action by James G. Chambers against Martin Lindsey, judgment for the defendant, and plaintiff appeals. The first count of the complaint is as follows: “Plaintiff claims of defendant $2,500 as damages, for that heretofore, on, to wit, one H. R. Wagar, who was the owner of the building situated on the southeast corner of Water and Conti streets, in the city of Mobile, state of Alabama, known as the Southern Hotel, leased said building to Thomas P. Norville, and the plaintiff, then partners under the firm name and style of…
1Opinion of the CourtAnderson, J.
“Where the agreement is to keep the premises in repair, or to make all necessary repairs during the term, a notice by the tenant to the landlord of the need of repairs is, as a general rule, necessary to place the landlord in default for not repairing.” Tyson v. Weil, 169 Ala. 558, 53 South. 912; 18 Am. & Eng. Ency. of Law, 229 Manchester Warehouse Co. v. Carr (Eng.) 5 C. P. D. 507; Sieber v. Blanc. 76 Cal. 173, 18 Pac. 260 Marley v. Wheelwright, 172 Mass. 530, 52 N. E. 1066; Gerzebek v. Lord, 33 N. J. Yaw, 240; Thomas v. Kingsland, 108 N. Y. 616, 14 N. E. 807; Cooke v. England, 27 Md. 14, 92…
2Cases cited5 opinions
- Sieber v. BlancCalifornia Supreme Court · 1888
- Cooke v. EnglandCourt of Appeals of Maryland · 1867
- Marley v. WheelwrightMassachusetts Supreme Judicial Court · 1899
- Tyson v. WeilSupreme Court of Alabama · 1910
- Louisville & Nashville Railroad v. JohnsonSupreme Court of Alabama · 1900
3Cited by7 opinions
- Max Stool v. J. C. Penney Company, Inc.Court of Appeals for the Fifth Circuit · 1968
- Plate Glass Underwriters' Mutual Insurance v. Ridgewood Realty Co.Missouri Court of Appeals · 1925
- Stewart v. JoinerSupreme Court of Alabama · 1958
- Travis v. Alabama Great So. R. R.Supreme Court of Alabama · 1917
- Aultman v. the Seaboard Oil Co.Supreme Court of Florida · 1937
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