Hart v. Coleman
Supreme Court of Alabama
Appeal from-City Court, of Birmingham; C. W. Ferguson, Judge. Action by Mary Coleman against Sidney J. Hart. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6. Suit by appellee against the appellant to recover damages for personal injuries suffered by her on June 20, 1913, while occupying a house, including a front porch, as a residence in the city of Birmingham, which plaintiff had rented from defendant.
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Appeal from-City Court, of Birmingham; C. W. Ferguson, Judge. Action by Mary Coleman against Sidney J. Hart. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6. Suit by appellee against the appellant to recover damages for personal injuries suffered by her on June 20, 1913, while occupying a house, including a front porch, as a residence in the city of Birmingham, which plaintiff had rented from defendant. The first count of the complaint showed the relation of landlord and tenant existing between plaintiff and defendant, and that…
1Opinion of the CourtGardner, J.
When this cause was before this court on a former appeal (Hart v. Coleman, 192 Ala. 447, 68 South. 315) it was held that the first count was not subject to the demurrer interposed thereto, but that the proof failed to show sufficient consideration for the agreement of the defendant to make the repairs which would support the cause of action. This ruling was supported upon the principle that a promise made by the landlord to repair the rented premises, made pending the tenancy, is without consideration a nudum pactum, and will not support an action, as the alleged promise was made during the…
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