Legal Opinion

James v. Kibler's Adm'r

Supreme Court of Virginia

Decided December 17, 1896PublishedCited by 33 opinions

Error to a judgment of the Corporation Court of the city of Danville, in an action of assumpsit wherein James and wife were the plaintiffs, and Kibler’s administrator was the defendant.

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Error to a judgment of the Corporation Court of the city of Danville, in an action of assumpsit wherein James and wife were the plaintiffs, and Kibler’s administrator was the defendant. The plaintiffs were dissatisfied with the instructions of the court and the amount of their recovery, and the defendant contends that the’ plaintiffs were not entitled to recover at all, as he contended that the lease was for a period of ten years, and not being under seal was void, and hence, each party applied for a writ of error which was awarded. The contract of lease was in the following words and…

1Opinion of the CourtHarrison, J.

The plaintiffs leased certain real estate to the defendant’s intestate and others for a specified period, the lessees agreeing to pay therefor an annual rental of three thousand dollars, payable in monthly instalments of two hundred and fifty dollars. The lessees not having taken possession of the demised premises, the plaintiffs gave them notice that the premises were ready for their use andfrsoccupation. This notice being disregarded, they were notified in writing that unless they complied with the terms of the contract of lease on or before a certain day named in the notice, the lease…

2Cases cited2 opinions

  1. Sutherland v. GoodnowIllinois Supreme Court · 1884
  2. Hunter v. SilversIllinois Supreme Court · 1853

3Cited by33 opinions

  1. F. Enterprises, Inc. v. Kentucky Fried Chicken Corp.Ohio Supreme Court · 1976
  2. Condominium Services, Inc. v. FOASupreme Court of Virginia · 2011
  3. Johannes Tenbraak v. Waffle Shops, Inc.Court of Appeals for the Fourth Circuit · 1976
  4. Simpson v. ScottSupreme Court of Virginia · 1949
  5. Lawson v. Williamson Coal & Coke Co.West Virginia Supreme Court · 1907

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