Woods v. Postal Telegraph-Cable Co.
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County; Hugh I). Merrill, Judge. Unlawful detainer by Florence Woods against the Postal Telegraph-Cable Company for a certain storehouse and lot in the city of Anniston. Judgment for defendant, and plaintiff appeals. Affirmed. The contract of lease was between Miss Woods and the Postal Telegraph-Cable Company for a period of two years with the usual terms and conditions.
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Appeal from Circuit Court, Calhoun County; Hugh I). Merrill, Judge. Unlawful detainer by Florence Woods against the Postal Telegraph-Cable Company for a certain storehouse and lot in the city of Anniston. Judgment for defendant, and plaintiff appeals. Affirmed. The contract of lease was between Miss Woods and the Postal Telegraph-Cable Company for a period of two years with the usual terms and conditions. It contained the following: The telegraph company agree to vacate premises, on four months’ written notice to G. H. Usher, general superintendent, Atlanta, Ga., any time during the first…
1Opinion of the CourtSomerville, J.
[1] The questions of controlling importance in the trial of the cause in the court below turned upon the interpretation and construction of that provision of the lease contract which authorized the lessor to terminate the lease upon four months’ notice to the lessee in case she desired to improve the premises.
As an abstract proposition, to “desire” means ordinarily to wish for more or less earnestly; but, according to context or circumstances, the expression of a desire may import a request or even a demand. One may feel a desire without the remotest intention of seeking its attainment, and,…
2Cases cited12 opinions
- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
- Worthington & Co. v. GwinSupreme Court of Alabama · 1898
- Jones v. LanierSupreme Court of Alabama · 1916
- St. Andrew's Lutheran Church's AppealSupreme Court of Pennsylvania · 1871
- Electric Lighting Co. of Mobile v. Elder Bros.Supreme Court of Alabama · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Phillips v. ClancyCourt of Appeals of Arizona · 1986
- Austin v. PeppermanSupreme Court of Alabama · 1965
- Seven Networks, LLC v. Google LLCDistrict Court, E.D. Texas · 2018
- King v. Capitol Amusement Co.Supreme Court of Alabama · 1930
- Clise Investment Co. v. StoneWashington Supreme Court · 1932
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