Georgia Casualty Co. v. Massey
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; John H. Miller, Judge. Action for rent by Richard W. Massey against the Georgia Casualty Company. From judgment for plaintiff,' defendant appeals. Transferred from the Court of Appeals under. Act April 18, 1911, p. 449, § 6. The facts sufficiently appear.
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Appeal from Circuit Court, Jefferson County ; John H. Miller, Judge. Action for rent by Richard W. Massey against the Georgia Casualty Company. From judgment for plaintiff,' defendant appeals. Transferred from the Court of Appeals under. Act April 18, 1911, p. 449, § 6. The facts sufficiently appear. The) following charges were refused to defendant: (5) If you believe from the evidence that the A. J. Arrant General Agency continued in possession of the leased premises after the creation of the Birmingham branch of defendant, your verdict must be for defendant, although you may also believe…
1Opinion of the CourtMayfield, J.
Appellee sued appellant for two monthly installments of rent due for the lease of certain premises in the city of Birmingham. The defendant pleaded the general issue and specially the statute of frauds. To the special pleas the plaintiff filed a general replication, and two special ones, as follows:
“(2) The obligation sued on is for rent growing out of the lease of lands, tenements, or hereditaments,, and the defendant was put in possession thereof by the plaintiff, and a part of the purchase money, to wit, a part of the rent provided for by said lease and by said contract, was paid by the…
2Cases cited8 opinions
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
- Mobile & Montgomery Railway Co. v. GilmerSupreme Court of Alabama · 1888
- A. G. Rhodes Furniture Co. v. WeedenSupreme Court of Alabama · 1895
- Tennessee River Transportation Co. v. Kavanaugh Bros.Supreme Court of Alabama · 1890
- Tennessee River Transportation Co. v. Kavanaugh Bros.Supreme Court of Alabama · 1893
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3Cited by2 opinions
- Dixie Industrial Co. v. Atlas Lumber Co.Supreme Court of Alabama · 1919
- Integon Life Insurance v. Southmark Heritage Retirement Corp.District Court, N.D. Alabama · 1992