Vizard Invest. Co. v. Mobile Fish & Oyster Co.
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Assumpsit by the Vizard Investment Company against the Mobile Fish & Oyster Company. Judgment for defendant, and plaintiff appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Assumpsit by the Vizard Investment Company against the Mobile Fish & Oyster Company. Judgment for defendant, and plaintiff appeals. The third count sets up that on December 20, 1907, defendant entered into a written contract of lease of certain lands therein described with the J. W. Black Lumber Company for the term of 9 years from January 1, 1908, until December 31, 1916, at an annual rental of $1,800 per year, payable monthly in the sum of $150, evidenced by notes. It is further alleged that in said lease defendant…
1Opinion of the Court
SAYRE, J,
This appeal involves a construction of section 4273 of the Code reading as follows: “Damages for Detainer after Expiration of Term of Lease. — Any person who, having entered into the possession of lands and tenements under a contract of lease, forcibly or unlawfully retains the possession thereof after the expiration of his term, or refuses to surrender the same on the written demand of the lessor, his agent or attorney, *627or legal representative, is liable for double the amount of the annual rent agreed to be paid under such contract, and for such other special damages as may be…
2Cases cited2 opinions
- Lykes v. SchwarzSupreme Court of Alabama · 1890
- Ullman & Co. v. HerzbergSupreme Court of Alabama · 1890
3Cited by9 opinions
- In Re MorganUnited States Bankruptcy Court, N.D. Alabama · 1994
- Allen v. Southern Coal & Coke Co.Supreme Court of Alabama · 1921
- H. G. Hill Co. v. TaylorSupreme Court of Alabama · 1937
- Speer v. Lancaster-Johnson Lumber Co.Supreme Court of Alabama · 1925
- Fisk Tire Co. v. HunterSupreme Court of Alabama · 1930
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