A. G. Rhodes Furniture Co. v. Weeden
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Tried before Hon. J. M. Carmichael. This action was brought by tlie appellees against the appellant, to recover for the use and occupation by it of a certain store house in the city of Eufula, for a term from September 1st, 1892, to September 1st, 1893. To the complainant, the defendant plead 1st, the general issue and 2nd, ‘ That the plaintiff sues for the rent of a storehouse in Eufula for a term from September 1st, 1892, to September…
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Appeal from Barbour Circuit Court. Tried before Hon. J. M. Carmichael. This action was brought by tlie appellees against the appellant, to recover for the use and occupation by it of a certain store house in the city of Eufula, for a term from September 1st, 1892, to September 1st, 1893. To the complainant, the defendant plead 1st, the general issue and 2nd, ‘ That the plaintiff sues for the rent of a storehouse in Eufula for a term from September 1st, 1892, to September 1st, 1893, by reason of alleged holding over by defendant. And defendant avers that the contract by which defendant went…
1Opinion of the CourtHead, J.
Whether a parol lease of land for the term of one year to begin in futuro offends the infra an-num clause of the statute of frauds, is a question upon which the American courts are not agreed. — McCroy v. Toney, 66 Miss. 233, 5 So. Rep. 392. More than thirty-five years ago, this court held such a contract to be within the operation of that clause of the statute, and the decision has been subsequently followed as the proper construction. — Cromelin v. Theiss, 31 Ala. 412 ; Parker’s Admr. v. Hollis, 50 Ala. 411 ; Oliver v. Ala. Gold Life Ins. Co., 82 Ala. 417 ; White v. Levy, 93 Ala. 484. In…
2Cases cited16 opinions
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
- Shakespeare v. AlbaSupreme Court of Alabama · 1884
- Tobias & Co. v. Treist & Co.Supreme Court of Alabama · 1893
- Wolffe v. WolffSupreme Court of Alabama · 1881
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Hill v. StateSupreme Court of Alabama · 1906
- Birmingham Ry. & Electric Co. v. MasonSupreme Court of Alabama · 1905
- Jerome H. Sheip, Inc. v. BaerSupreme Court of Alabama · 1923
- St. Louis & S. F. R. R. v. PhillipsSupreme Court of Alabama · 1910
15 more not listed; retrieve them via the Exa API.