Phillips & Buttorff Manufacturing Co. v. Whitney
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. ¥m. ¥. Wilkerson. (1) The tenant is not liable to pay rent when no part of the premises demised remains in existence capable of being occupied or enjoyed by such tenant. — Cook v. Anderson, 85 Ala. 99 ; Warren v. Wagner, 75 Ala. 188. (2) In the absence of a covenant in a lease binding the landlord to rebuild or repair, he has no right to enter for the purpose of repairing.
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Appeal from the City Court of Birmingham. Tried before the Hon. ¥m. ¥. Wilkerson. (1) The tenant is not liable to pay rent when no part of the premises demised remains in existence capable of being occupied or enjoyed by such tenant. — Cook v. Anderson, 85 Ala. 99 ; Warren v. Wagner, 75 Ala. 188. (2) In the absence of a covenant in a lease binding the landlord to rebuild or repair, he has no right to enter for the purpose of repairing. It matters not how the landlord construes his contract of lease, to reenter under such circumstances would be an eviction. — Smith v. Curr, 108 N. Y. ;…
1Opinion of the Court
HEAD, J,
This cause was tried by the city court without a jury. The appellant (defendant below) was a mercantile corporation, located and having its principal place of business in Nashville, Tenn. The plaintiff resided in Atlantic, Iowa. From sometime in 1886 until after the principal transactions which gave rise to this suit the defendant conducted a branch business in Birmingham, Alabama. The evidence establishes to our satisfaction the following facts : McClure was vice-president of defendant company, and, though he resided in Nashville, and made only occasional visits to Birmingham, he had…
2Cited by4 opinions
- Georgia Casualty Co. v. MasseySupreme Court of Alabama · 1918
- Thomas, May & Co. v. DrennenSupreme Court of Alabama · 1896
- Black Diamond Coal Mining Co. v. Jones Coal Co.Supreme Court of Alabama · 1920
- Dixie Industrial Co. v. Atlas Lumber Co.Supreme Court of Alabama · 1919