Nave v. Berry
Supreme Court of Alabama
Eeror to tbe Circuit Court of Perry. Tried before tbe Fon. Geo. D. Shortridge. This was an action of assumpsit, brought by tbe plaintiff in error against tbe defendants in error, in order to recover a certain amount of rent alleged to be due on a contract of lease, and also for damages occasioned by tbe burning, (during tbe term, of tbe buildings and improvements on tbe lot and premises let.
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Eeror to tbe Circuit Court of Perry. Tried before tbe Fon. Geo. D. Shortridge. This was an action of assumpsit, brought by tbe plaintiff in error against tbe defendants in error, in order to recover a certain amount of rent alleged to be due on a contract of lease, and also for damages occasioned by tbe burning, (during tbe term, of tbe buildings and improvements on tbe lot and premises let. Tbe contract on wbicb tbe suit is brought is as follows, to-wit: “ By tbe first day of January next, we, or either of us, promise to pay Jesse B. Nave, surviving partner of Nave & Sloan, or bearer, two…
1Opinion of the Court
GIBBONS, J.'
The first duty imposed upon this court, in order to a decision of the various questions presented by the record, is, the interpretation of this written contract. So far as its stipulations upon its face are concerned, there is little difficulty. The contract is one of lease, not executory in its nature, but executed. The lessor, by its express stipulations, has the right to have the money named in the writing as rent paid at the time it is to become due, certain taxes named paid by the lessees, and at the close of the term to have the premises restored to him. On the part of the…
2Cases cited1 opinion
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
3Cited by25 opinions
- Homa-Goff Interiors, Inc. v. CowdenSupreme Court of Alabama · 1977
- Warren v. WagnerSupreme Court of Alabama · 1883
- Chamberlain v. BrownSupreme Court of Iowa · 1909
- Corona Coal Co. v. HendonSupreme Court of Alabama · 1925
- F. W. Woolworth Co. v. NelsonSupreme Court of Alabama · 1920
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