Legal Opinion

Levey v. Dyess

Mississippi Supreme Court

Decided October 15, 1875PublishedCited by 9 opinions

Error to the Circuit Court of Clarice County. Hein. William M. Hancock, Judge. This was an action of covenant on a sealed lease for the rent of a bteam saw mill. The declaration avers that the defendant stipulated in the contract of lease, that at its expiration they would return and redeliver the mill, etc., in good running order, except the usual wear and tear.

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Error to the Circuit Court of Clarice County. Hein. William M. Hancock, Judge. This was an action of covenant on a sealed lease for the rent of a bteam saw mill. The declaration avers that the defendant stipulated in the contract of lease, that at its expiration they would return and redeliver the mill, etc., in good running order, except the usual wear and tear. It avers, further, that the defendants were put in possession of the mill, which was in good repair; that they occupied it until it was destroyed by fire, and that the lease had expired and defendants had failed to redeliver. The…

1Opinion of the Court

Simkall, J.,

delivered tbe opinion of the court.

This suit was brought by Thomas Dyess, the lessor, against M. P. & A. G. Levey, lessees,'for breach of one of the covenants of the lease. The declaration stated that the defendants “had leased from the plaintiff, his steam sawmill, together with the implements, tenements, and two log carts, * * for the term of twelve months, from the first day of April, 1869, for which the defendants were to give a full acquittance and discharge of plaintiff’s indebtedness to the firm of Levey, Woolverton & Co,, of which they were surviving partners.” “At the…

2Cases cited5 opinions

  1. Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
  2. Wainscott v. SilversIndiana Supreme Court · 1859
  3. Fowler v. PayneMississippi Supreme Court · 1873
  4. Harris v. NicholasSupreme Court of Virginia · 1817
  5. Hinds & Adams Counties v. Natchez, Jackson & Columbus RailroadMississippi Supreme Court · 1904

3Cited by9 opinions

  1. Realty & Rebuilding Co. v. ReaCalifornia Supreme Court · 1920
  2. Wattles v. South Omaha Ice & Coal Co.Nebraska Supreme Court · 1897
  3. Miller, Billups & Co. v. Morris, Ragsdale & SimpsonTexas Supreme Court · 1881
  4. Williams v. BernathCourt of Appeals of Georgia · 1939
  5. Halbut v. Forrest CitySupreme Court of Arkansas · 1879

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