Comer v. Sheehan
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. H. D. Clayton. This action was brought by Hugh M. Comer, as surviving partner of Bates & Comer, against Daniel T. Sheehan; and was commenced on the 3d December, 1883. By his complaint, the plaintiff claimed of the defendant “four hundred dollars •due by him on the 1st December, 1883/for the rent of a warehouse in the city of Eufaula, Alabama, for the months of October and November, and a portion of the month of…
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Appeal from the Circuit Court of Barbour. Tried before the Hon. H. D. Clayton. This action was brought by Hugh M. Comer, as surviving partner of Bates & Comer, against Daniel T. Sheehan; and was commenced on the 3d December, 1883. By his complaint, the plaintiff claimed of the defendant “four hundred dollars •due by him on the 1st December, 1883/for the rent of a warehouse in the city of Eufaula, Alabama, for the months of October and November, and a portion of the month of September, 1883; which said sum, with interest thereon from the 1st December, 1883, is due and unpaid.” The defendant…
1Opinion of the Court
SOMEB,TILLE, J.
— The suit'is one brought by the plaintiff against the defendant, claiming the sum of four hundred dollars, alleged to be due “ for the rent of a warehouse in the city of Eufaula,” for the last quarter of the year 1883. No relation of landlord and tenant is averred to exist between the parties, nor is there any statement in the complaint of any promise, express or implied, by the defendant, to pay the amount claimed to the plaintiff, nor of facts from which such a promise may be inferred.
It is disclosed by evidence, that the plaintiff’s claim was based upon the fact of being…
2Cases cited7 opinions
- English v. KeySupreme Court of Alabama · 1863
- Cooper v. HornsbySupreme Court of Alabama · 1881
- Harris v. MillerSupreme Court of Alabama · 1881
- Allen v. KellamSupreme Court of Alabama · 1881
- Scott v. WareSupreme Court of Alabama · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Adams v. SayreSupreme Court of Alabama · 1884
- Bank of New Brockton v. DunnavantSupreme Court of Alabama · 1920
- Shakespeare v. AlbaSupreme Court of Alabama · 1884
49 more not listed; retrieve them via the Exa API.