Princess Amusement Co. v. Smith
Supreme Court of Alabama
Appeal from' Jefferson Chancery Court. Heard before Hon. A. H. Benners. . Bill by tbe Princess Amusement Company against Mrs. Lucy Smith, for an accounting to ascertain’ the value of a lease and for damages for the conversion of certain chattel.
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Appeal from' Jefferson Chancery Court. Heard before Hon. A. H. Benners. . Bill by tbe Princess Amusement Company against Mrs. Lucy Smith, for an accounting to ascertain’ the value of a lease and for damages for the conversion of certain chattel. From a decree sustaining demurrers to the bill complainant appeals.' The general rule is that improvements made by a tenant on demise premises in furtherance of the purposes of the lease may be removed before or at the expiration of the term, provided the premises are left in as good condition as when received. — 24 Cyc. 1101; Taylor’s Landl’ & Ten.…
1Opinion of the CourtAndebson, J.
The only theory upon which the equity of the present bill can be sustained is the cancellation or annulment of a certain contract or agreement between T. S. Smith and Kirby, forfeiting the lease in fraud of the company and other stockholders. While such a fraudulent agreement is averred, it is not proven. The proof shows that the company was behind with the rent and that liens had been created on the rink superior to the lien of Mrs. Smith, and by the terms of the lease, if there was a. default in the payment of the rent or a violation of any other condition of same, the landlord had the…
2Cited by6 opinions
- City Garage & Sales Co. v. BallengerSupreme Court of Alabama · 1926
- Myles v. StrangeSupreme Court of Alabama · 1932
- Moriarty v. DziakSupreme Court of Alabama · 1983
- First Nat. Bank of Huntsville v. CarterSupreme Court of Alabama · 1935
- In Re MooreUnited States Bankruptcy Court, N.D. Alabama · 2003
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