Legal Opinion

Brewer v. Thorp

Supreme Court of Alabama

Decided June 15, 1859PublishedCited by 6 opinions

Appeal from the Circuit Court of Mobile. ' Tried before the Hon. C. W. Rapier. This action was brought ‘by Edward R. Thorp, against Mrs. Hannah Sughi, to recover the sum of $150, alleged to be due from the defendant for the rent of a house in the city of Mobile, from the 1st November, 1857, to the 1st February, 1858; and the name of Charles Brewer was afterwards, added as a defendant.

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Appeal from the Circuit Court of Mobile. ' Tried before the Hon. C. W. Rapier. This action was brought ‘by Edward R. Thorp, against Mrs. Hannah Sughi, to recover the sum of $150, alleged to be due from the defendant for the rent of a house in the city of Mobile, from the 1st November, 1857, to the 1st February, 1858; and the name of Charles Brewer was afterwards, added as a defendant. The defendants pleaded, in short by consent, “ 1st, the general issue ; 2d, payment; 3d, set-off; and, 4th, tender of the balance due.” It appeared from the evidence adduced on the trial, as the same is set out…

1Opinion of the Court

A. J. WALKER, C. j.

A written instrument was entered into, in July, 1855, which purports to be a bipartite indenture, between the plaintiff (Thorp) and one of the defendants (Sughi.) By this indenture, Thorp leases to Sughi the premises described, for one year from the first of November, 1855, and stipulates to paint the house and supply it with gas, and that Sughi should have the privilege of retaining the premises, at the same rent, for as many years as she might wish. Sughi, on her part, stipulates to pay $600 rent, in quarterly installments of $150. The indenture is subscribed by Thorp,…

2Cases cited3 opinions

  1. Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
  2. Harkins v. PopeSupreme Court of Alabama · 1846
  3. Magee v. FisherSupreme Court of Alabama · 1845

3Cited by6 opinions

  1. Delashman v. BerryMichigan Supreme Court · 1870
  2. Jones & Brindisi, Inc. v. BreslawNew York Court of Appeals · 1928
  3. Zero Food Storage, Inc. v. UdellDistrict Court of Appeal of Florida · 1964
  4. Kagan v. GillettAppellate Court of Illinois · 1933
  5. United States ex rel. District of Columbia v. BaylyCourt of Appeals for the D.C. Circuit · 1912

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