Brooks v. Diaz & Co.
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. Wade Keyes. The bill in this case was filed by Louisa Brooks, Ransley Brooks, Nancy Brooks, Austin Brooks, Eunice Jones, Edmund K. Jones, Evaline Hall, Sylvester Pond, Julius R. Pond, Mary H. Pond, Laura Pond, Lewis Pond, and Charles Pond, (the seven last named being minors, who sued by their next friend, H. A. Seelye,) against J. A. Biaz and Thomas Williamson, partners in business under the name and style…
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. Wade Keyes. The bill in this case was filed by Louisa Brooks, Ransley Brooks, Nancy Brooks, Austin Brooks, Eunice Jones, Edmund K. Jones, Evaline Hall, Sylvester Pond, Julius R. Pond, Mary H. Pond, Laura Pond, Lewis Pond, and Charles Pond, (the seven last named being minors, who sued by their next friend, H. A. Seelye,) against J. A. Biaz and Thomas Williamson, partners in business under the name and style of Biaz & Co.;, and sought to restrain the defendants from retailing spirituous liquors in a house which they had rented…
1Opinion of the CourtStone, J.
The case made by complainants rests for its equity on the charge, that Diaz k Oo. were in possession under a contract of lease from complainants, and that by the terms of that lease, the said Diaz & Co. bound themselves not to sell liquors by the glass within said tenement. Complainants allege, that if they suffer respondents to thus sell liquors by the glass, they, the complainants, will be subject to damages at the suit of another tenant and lessee, under their contract with him. The answers expressly and unqualifiedly deny that they made any agreement by which they bound themselves not to…
2Cases cited8 opinions
- Long v. BrownSupreme Court of Alabama · 1843
- Burnett v. CraigSupreme Court of Alabama · 1857
- Jones v. CowlesSupreme Court of Alabama · 1855
- Montgomery & W. P. R. R. Co. v. WaltonSupreme Court of Alabama · 1848
- Moore v. BarclaySupreme Court of Alabama · 1853
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Wadsworth v. GoreeSupreme Court of Alabama · 1892
- Bibb v. ShackelfordSupreme Court of Alabama · 1863
- Reid v. MoultonSupreme Court of Alabama · 1874
- Wilson v. MeyerSupreme Court of Alabama · 1905
2 more not listed; retrieve them via the Exa API.