Abrams v. Watson
Supreme Court of Alabama
Airs. Sarah S. Watson leased to Airs. Hannah S. Abrams the Alontgomery Hall and its appurtenances, situated in the city of Alontgomery, for a term of two years, beginning on. the first day of October, 1870. The lease included the “ eastern half of the vacant lot or lots back of the said hotel.” The premises were to be used for a hotel or.boarding-house.
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Airs. Sarah S. Watson leased to Airs. Hannah S. Abrams the Alontgomery Hall and its appurtenances, situated in the city of Alontgomery, for a term of two years, beginning on. the first day of October, 1870. The lease included the “ eastern half of the vacant lot or lots back of the said hotel.” The premises were to be used for a hotel or.boarding-house. The lessor agreed “to fix the well and cistern on said lot so far as is necessary to put them in good using order, and to keep the roof in good repair to the end of the term.” And the lessee agreed “-to pay rent for the same atone hundred…
1Opinion of the Court
BRICKELL, C. J.—
Though there may not be in a lease,, an express covenant for the quiet possession and enjoyment of the premises during the term, the law implies it, and it is *529the condition on which rent is payable. In the absence of an express covenant, the lessor is not- liable for the acts of mere trespassers or wrong-doers, disturbing the tenant in the quiet enjoyment and possession, or preventing him from entering on the premises. For such wrongs or trespasses, the law affords the tenant protection, and the covenant of the lessor which is implied, extends only to his own acts, or the acts…
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