Buerger v. Mabry
Alabama Court of Appeals
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by August Buerger against Mrs. Sarah Mabry. From a judgment for defendant, plaintiff appeals. The complaint claims for rent under a written lease, which is' specified.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by August Buerger against Mrs. Sarah Mabry. From a judgment for defendant, plaintiff appeals. The complaint claims for rent under a written lease, which is' specified. The pleas set up that plaintiff agreed to make certain repairs upon the house, and because of the failure to repair, defendant's goods, household effects and furniture, were injured in the sum of $309, which she offers to recoup, and claims damages for. The third plea sets up plaintiff’s failure to make such repairs, and because of such failure…
1Opinion of the CourtBrown, J.
The issue sought to be presented by the plaintiff’s special replications 2 and 3 to the defendant’s plea of recoupment was that subsequent to the execution of the lease, by agreement between the parties, the rent was reduced $5 per month, and that this reduction was made in lieu of the plaintiff’s obligation to repair; and although a demurrer was sustained to these replications, it clearly appears from the record that the case was tried as though this was an issue in the case. Both parties introduced evidence touching this subsequent agreement, and at the instance of appellant the court…
2Cases cited10 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Tygh v. DolanSupreme Court of Alabama · 1891
- Smith v. FieldsSupreme Court of Alabama · 1885
- Travis v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1909
- Cooney v. Pullman Palace Car Co.Supreme Court of Alabama · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- DeMoville v. Merchants & Farmers BankSupreme Court of Alabama · 1936
- Metropolitan Casualty Ins. v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1941
- White v. HenrySupreme Court of Alabama · 1950
- Lary v. GardenerCourt of Civil Appeals of Alabama · 2005
- F. W. Bromberg & Co. v. NortonSupreme Court of Alabama · 1922
3 more not listed; retrieve them via the Exa API.