Avelez Hotel Corp. v. Milner Hotels, Inc.

This is a suit by a landlord against a tenant for alleged breach of a covenant to make during the term of the lease all necessary repairs to a hotel. The lessee’s plea in abatement was sustained, because the suit was prematurely brought, and the declaration was dismissed. The plaintiff-lessor appealed, and the sole question is whether this action was prematurely brought because it was instituted prior to the end of the leasehold term.

Appellant Avelez Hotel Corporation filed this action in the Circuit Court of Harrison County on August 3, 1955. The defendant was appellee Milner Hotels, Inc.,…