Aull v. Bowling Green Opera House Co.
Court of Appeals of Kentucky
CASE 95. — ACTION BY THE BOWLING GREEN OPERA HOUSE COMPANY AGAINST T. H. AULL. — Appeal from Warren Circuit Court. John M!. Galloway, Circuit Judge.
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CASE 95. — ACTION BY THE BOWLING GREEN OPERA HOUSE COMPANY AGAINST T. H. AULL. — Appeal from Warren Circuit Court. John M!. Galloway, Circuit Judge. From the judgment both parties appeal — We contend that a landlord or his assignee in attempting to dispossess the tenant acts at his peril, If it turns out that the tenant is not entitled to possession, the landlord is protected, if otherwise then the landlord has violated his covenant with the tenant and should be required to pay to the tenant all damages that the landlord has caused him, by reason of the breach of his covenant. POINTS AND…
1Opinion of the Court
Opinion of the Court by
Judge Nunn —
Reversing and Affirming.
Prior to the 25thl day of September, 1905, there was pending an action in equity to settle the estate of the Potters. The court ordered a sale of the opera house and the storerooms under it, which were a part of the property, and Dr. Combs, H. D. Fitch, James Barclay, W. H. Miller, and T. L. Fitch, jointly pur. chased the property. Appellant Aull had occupied the corner room of this building for six or seven years prior to that date, under a lease from the Potters. His lease expired the 31st day of December, 1905. Appellant applied to…
2Cases cited1 opinion
- Aull v. Bowling Green Opera House Co.Court of Appeals of Kentucky · 1906
3Cited by9 opinions
- Cooke v. GaidryCourt of Appeals of Kentucky (pre-1976) · 1949
- Lesser-Goldman Cotton Co. v. FletcherSupreme Court of Arkansas · 1922
- Painter v. Town of GrovelandSupreme Court of Florida · 1955
- Jones v. TaylorCourt of Appeals of Kentucky · 1909
- Knight v. Fox Caldwell Theatres CorporationIdaho Supreme Court · 1949
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