O'Byrne v. Henley
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by John C. Henley and others against T. W. O’Byrné for the rent of a building leased for saloon purposes which accrued after the passage and going into effect of the prohibition law. Judgment for plaintiff and defendants appeal.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by John C. Henley and others against T. W. O’Byrné for the rent of a building leased for saloon purposes which accrued after the passage and going into effect of the prohibition law. Judgment for plaintiff and defendants appeal. The uses and purposes for which the premises were rented were whol: ly and totally destroyed by legislative enactment, and as completely as if the premises had been totally destroyed by fire. The rule is that where the performance becomes impossible subsequent to tbe making, of tbe contract tbe…
1Opinion of the CourtMayfield, J.
There is but one material question raised by this appeal, which is this: Did the prohibition *622law in this state ex proprio vigore terminate leases of premises which were let only for saloon purposes?. If it did, the judgment for plaintiff below is erroneous and must be reversed. If it did not, the judgment was correct and must be affirmed.
The rule of the common law was that the destruction of the leased premises during the term by fire, inei itable accident, the violence of nature, the act of a public enemy, did not relieve the tenant from an express covenant to pay rent, unless it was…
2Cases cited14 opinions
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Houston Ice & Brewing Co. v. KeenanTexas Supreme Court · 1905
- Kitson v. Mayor of Ann ArborMichigan Supreme Court · 1873
- McMillan v. SolomonSupreme Court of Alabama · 1868
- Wattles v. South Omaha Ice & Coal Co.Nebraska Supreme Court · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Greil Bros. v. MabsonSupreme Court of Alabama · 1912
- Bowdoin Square, LLC v. Winn-Dixie Montgomery, Inc.Supreme Court of Alabama · 2003
- Standard Brewing Co. v. WeilCourt of Appeals of Maryland · 1916
- Hecht v. Acme Coal Co.Wyoming Supreme Court · 1911
- Stratford, Inc. v. Seattle Brewing & Malting Co.Washington Supreme Court · 1916
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