Rice v. Dudley
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. James Q. Smith. This action was brought by Goldthwaite, Rice & Semple, suing as late partners, together with Mary D. Witter, against Joseph' R. Dudley; was commenced on the 5th April, 1878, and was founded on defendant’s promissory note, of which the following is a copy: “On the first day of November, 1875,1 promise to pay Mary D. Witter the sum of fifteen hundred dollars, for rent of the plantation known as the…
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. James Q. Smith. This action was brought by Goldthwaite, Rice & Semple, suing as late partners, together with Mary D. Witter, against Joseph' R. Dudley; was commenced on the 5th April, 1878, and was founded on defendant’s promissory note, of which the following is a copy: “On the first day of November, 1875,1 promise to pay Mary D. Witter the sum of fifteen hundred dollars, for rent of the plantation known as the ‘ Swamp Place’ of the late John Dudley, deceaseddated October 5, 1874, and signed by the defendant. Mrs. Dudley…
1Opinion of the CourtSomebyille, J.
— Where a tenant abandons the premises leased, before the expiration of the term, the landlord is at liberty to pursue either of two courses. He may suffer the premises to remain vacant, and sue on the contract of *71renting; or he may enter, and determine the contract, claiming the rent due up to the date of abandonment. — Crommelin v. Thiess & Co., 31 Ala. 412; Schuesler & Donnell v. Ames, 16 Ala. 73. The landlord can not take possession of thel premises, and insist, at the same time, that the contract of renting is in force, without the consent, express or implied, of the tenant. It is always…
2Cases cited4 opinions
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Hayner v. SmithIllinois Supreme Court · 1872
- Christopher v. . AustinNew York Court of Appeals · 1854
- Schuisler & Donnell v. AmesSupreme Court of Alabama · 1849
3Cited by28 opinions
- Gruman v. Investors Diversified Services, Inc.Supreme Court of Minnesota · 1956
- Oldewurtel v. WiesenfeldCourt of Appeals of Maryland · 1903
- Carson v. ArvantesColorado Court of Appeals · 1897
- Leech v. HusbandsSuperior Court of Delaware · 1930
- Merrill v. WillisNebraska Supreme Court · 1897
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