Locascio v. Barber
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County ; Dan A. Green, Judge. Action by Arlie Barber against F. P. Locascio. Judgment for plaintiff, and defendant appeals. Certiorari denied, 87 South. 704. Court erred in rendering judgment for the plaintiff. 65 Ala, 70; 9 Ala.
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Appeal from Circuit Court, Jefferson County ; Dan A. Green, Judge. Action by Arlie Barber against F. P. Locascio. Judgment for plaintiff, and defendant appeals. Certiorari denied, 87 South. 704. Court erred in rendering judgment for the plaintiff. 65 Ala, 70; 9 Ala. App. 71, 64 South. 158; 1 Taylor’s L. & T. § 291; 2 Wood’s L. & T. 1174. There was no retaking in such a sense as to deprive the landlord of his rent between the abandonment and May 1st. . 68 Miss. 664, 9 South. 895, 13 L. R. A. 598, 24 Am. St. Rep. 294; 184 111. 421, 56 N. E. 807, 75 Am. St. Rep. 181; .89 Cal. 464, 26 Pac. 967,…
1Opinion of the CourtSamford, J.
The defendant occupied the premises under the contract of rental until some time in February, and then, without notice to his landlord or fault on the part of the landlord, moved out and abandoned the property, leaving it vacant and uncared for, and was not seen by the landlord for more than a year. Upon being informed of the condition of the property, and that it was left open, and all'of the effects of defendant gone, and that the defendant had left no keys, the landlord fastened up the house and left it vacant until May 1st, when he rented it to another tenant at a reduced rent for the…
2Cases cited2 opinions
- Schuisler & Donnell v. AmesSupreme Court of Alabama · 1849
- Roll v. HowellAlabama Court of Appeals · 1913