Culver v. Hill
Supreme Court of Alabama
Appeal from Henry Circuit Court. Tried before Hon. H. D. Clayton. This suit was commenced by an attachment for rent which was issued December 29th, 1879, against James R. Hill, at the instance of George Y. Culver. The attachment was issued on the ground that the defendant had removed from the premises, rented by him from the plaintiff, part of the crop grown thereon, without paying the balance claimed to be due as rent.
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Appeal from Henry Circuit Court. Tried before Hon. H. D. Clayton. This suit was commenced by an attachment for rent which was issued December 29th, 1879, against James R. Hill, at the instance of George Y. Culver. The attachment was issued on the ground that the defendant had removed from the premises, rented by him from the plaintiff, part of the crop grown thereon, without paying the balance claimed to be due as rent. After the plaintiffs complaint was filed, the defendant pleaded : 1. That at the time the suit was begun the plaintiff was indebted to bim in the sum of $150, by un-liquidated…
1Opinion of the CourtStone, J.
Hill became tenant of Culver, at a stipulated rent. The farm, the subject of the lease, was defectively fenced, and one of the terms of the letting was, that Culver, the landlord, “was to fix up the fencing enclosing said land, so as to secure the crop” to be made. The fencing was not sufficiently repaired, and much of the crop, after being grown, was destroyed by stock breaking in. The question is, whether-the landlord is liable for the injury caused by the breaking in of the stock.
Eor breaches of warranty, or other contract in the nature of warranty, “the damages must be such as may fairly…
2Cases cited15 opinions
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Fowler v. ArmourSupreme Court of Alabama · 1854
- Shank v. . ShoemakerNew York Court of Appeals · 1859
10 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Caffey v. Alabama MacHinery & Supply Co.Alabama Court of Appeals · 1922
- Paris v. Buckner Feed Mill, Inc.Supreme Court of Alabama · 1966
- Rutledge v. StateSupreme Court of Alabama · 1889
27 more not listed; retrieve them via the Exa API.