Bullock-McCall-McDonnell Electric Co. v. Coleman
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jefferson. Tried before tbe Hon. A. A. Coleman. This was an action brought by tbe appellee, Daniel Coleman, against tbe appellant, tbe Bullock-McCall-McDonneJl Electric Company, to recover tbe amount el-leged to be due the plaintiff by tbe defendant for tbe rent of premises under a lease contract. Tbe facts of tbe case are sufficiently stated in tbe opinion.
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Appeal from tbe Circuit Court of Jefferson. Tried before tbe Hon. A. A. Coleman. This was an action brought by tbe appellee, Daniel Coleman, against tbe appellant, tbe Bullock-McCall-McDonneJl Electric Company, to recover tbe amount el-leged to be due the plaintiff by tbe defendant for tbe rent of premises under a lease contract. Tbe facts of tbe case are sufficiently stated in tbe opinion. Tbe court at tbe request of tbe plaintiff gave to tbe jury tbe following written charges: (1.) “I charge you gentlemen of tbe jury' that, under the contract between tbe parties to suit that plaintiff was…
1Opinion of the CourtHaralson, J.
Tlie defendant seeks a reversal of the judgment against him for an alleged error in sustaining tlie demurrer to Ms second plea.
The rule is well settled, that a lessee when sued for rent, has the right of recoupment for damages arising from the lessor’s covenant to repair. — Abraham v. Watson, 59 Ala. 525; Hill v. Bishop, 2 Ala. 320; Green v. Linton, 7 Port, 133.
If is also well understood, that at common law, no duty devolved upon the landlord to make any repairs on the premises unless there was an agreement to make them, and the tenant took them at his own risk as to fitness for occupancy or…
2Cases cited5 opinions
- Baker v. BarcliftSupreme Court of Alabama · 1884
- Hill v. BishopSupreme Court of Alabama · 1841
- Burks v. BraggSupreme Court of Alabama · 1889
- Leonard v. StorrsSupreme Court of Alabama · 1858
- Harmon & Son v. SilerSupreme Court of Alabama · 1892
3Cited by6 opinions
- Life & Casualty Ins. v. PorterfieldSupreme Court of Alabama · 1940
- Spangler v. HobsonSupreme Court of Alabama · 1924
- Texas Co. v. ChristianCourt of Appeals for the Fifth Circuit · 1949
- Rudisill Soil Pipe Co. v. Eastham Soil Pipe & Foundry Co.Supreme Court of Alabama · 1923
- Charlie's Transfer Co. v. MaloneSupreme Court of Alabama · 1909
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