Morningstar v. Querens
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. S. Anderson. The facts are sufficiently stated in the opinion. There'was a failure of proof by the plaintiff. In an action for rent nothing-can be more material than the description of the premises claimed to have been rented.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. S. Anderson. The facts are sufficiently stated in the opinion. There'was a failure of proof by the plaintiff. In an action for rent nothing-can be more material than the description of the premises claimed to have been rented. The material averment was traversed by the plea of the general issue, and the burden was on the plaintiff to prove every material allegation in her complaint, including, of course, the identity of the premises occupied. — Lehman v. Shiver, 129 Ala. 319; McGhee v. GasMn, 130 Ala. 568. The general.…
1Opinion of the Court
TYSON, J.-
This is an action brought to recover certain installments' of rent due by defendant to plaintiff upon a written lease, executed by them both.
*188The only plea interposed was the general issue. On the trial the general affirmative charge was given at the written request of plaintiff!.
It is first insisted that plaintiff failed to prove that averment of the complaint which is in these words; “being the building which was on the date of the demise of said property occupied by R. Seal as a grocery store.” The lease introduced in evidence describes the property as “being the building which is…
2Cases cited2 opinions
- Thompson Foundry & Machine Co. v. GlassSupreme Court of Alabama · 1902
- Berlin v. Sheffield Coal, Iron & Steel Co.Supreme Court of Alabama · 1899
3Cited by5 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Ison Finance Co. v. GlasgowSupreme Court of Alabama · 1957
- Becker Roofing Co. v. PikeSupreme Court of Alabama · 1935
- Stallings v. SavageSupreme Court of Alabama · 1921
- Gober Motor Co. v. MorrowSupreme Court of Alabama · 1928