Deslandes v. Scales
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by J. A. Scales and another against Fannie Deslandes, for breach of covenant to repair. Judgment for plaintiffs and defendant appeals. The exceptions to evidence sufficiently appear from the opinion.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by J. A. Scales and another against Fannie Deslandes, for breach of covenant to repair. Judgment for plaintiffs and defendant appeals. The exceptions to evidence sufficiently appear from the opinion. The following are the charges mentioned: Assignment 14: “If you believe from the evidence that the defendants caused the grates and fireplaces to be put in reasonably good condition, you cannot render any damages against plaintiff on account of the grates and fireplaces.” Assignment 15: “If you believe from the evidence…
1Opinion of the CourtMcCLELLAN, J.
The action is instituted by appellees against appellant. It claims damages for breach of covenants by the landlord in a lease of a dwelling house for that year beginning October 1, 1911, and ending September 30, 1912. It is averred in the complaint that appellant “agreed to do the following repairs on said house, viz.: ■ To repair the columns and porch floor, .and put fireplaces and grates, electric lights, and plumbing in reasonably good condition, and to repair a pantry in the kitchen.” The breaches assigned are the failures ‘to- put” the plumbing, the fireplaces, the grates, the electric…
2Cases cited3 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Smith v. DinkelspielSupreme Court of Alabama · 1890
3Cited by22 opinions
- Housing Authority of Birmingham Dist. v. MorrisSupreme Court of Alabama · 1943
- Esslinger v. SpraginsSupreme Court of Alabama · 1938
- Williams v. BoldingSupreme Court of Alabama · 1929
- Indemnity Co. of America v. BollasSupreme Court of Alabama · 1931
- Buell v. MillerSupreme Court of Alabama · 1932
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