Tyson v. Weil
Supreme Court of Alabama
Action for Rent. Appeal from Montgomery City Oonrt. Heard before Hon. William H. Thomas. Action by J. C. Tyson against Abe Weil for rent, begun by attachment. From a judgment awarding insufficient damages, plaintiff appeals.
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Action for Rent. Appeal from Montgomery City Oonrt. Heard before Hon. William H. Thomas. Action by J. C. Tyson against Abe Weil for rent, begun by attachment. From a judgment awarding insufficient damages, plaintiff appeals. The pleas are as follows: (3) “That the consideration for the notes sued on was for the rent of storehouse No. 207 Commerce street, in the city of Montgomfendant by the plaintiff, pursuant to the provisions of a certain lease entered into by and between plaintiff and defendant on the 1st day of May, 1908, whereby the defendant was to occupy the said storehouse as a dry…
1Opinion of the CourtAnderson, J.
Pleas 3 and 4, by whatever name they may be designated, set up a nonliability for rent only after the fire and a clause in the lease giving a right to terminate.it in case of a failure to rebuild or repair. Idea 3 set up a failure to rebuild or repair within a reasonable time, but plea 4 did not contain this averment, yet the point was not taken by any ground of demurrer to said plea 4. The general rule is that ivhen a tenant remains in possession and enjoyment of the premises he cannot set up a failure to make repairs as a bar to the action, but must protect himself by way of set-off or…
2Cases cited4 opinions
- Sieber v. BlancCalifornia Supreme Court · 1888
- Hill v. BishopSupreme Court of Alabama · 1841
- Cooke v. EnglandCourt of Appeals of Maryland · 1867
- Marley v. WheelwrightMassachusetts Supreme Judicial Court · 1899
3Cited by15 opinions
- Darling Shop of Birmingham, Inc. v. Nelson Realty Co.Supreme Court of Alabama · 1951
- National Surety Co. v. JulianSupreme Court of Alabama · 1933
- Floyd v. PughSupreme Court of Alabama · 1917
- Fike v. StrattonSupreme Court of Alabama · 1911
- Salina Coca-Cola Bottling Corp. v. RogersSupreme Court of Kansas · 1951
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