Davis v. Simpson Coal Co.
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Ber.net. Action by tlie Simpson Coal Company against H. E. Davis, for rent. Judgment for plaintiff: and defendant appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Ber.net. Action by tlie Simpson Coal Company against H. E. Davis, for rent. Judgment for plaintiff: and defendant appeals. When the city authorities dispossessed Davis he Avas relieved of any further liability under the lease. — Copeland v. McAldory, 100 Ala. 553; Warren v. Wagnon, 75 Ala. 189. The city had paramount title. — Webb v. Demopolis, 95 Ala. 116. The court erred in sustaining demurrer to plea 3.— Orendorf v. Tollman, 90 Ala. 443. A misrepresentation of a material fact upon which another has a right to rely, and on…
1Opinion of the CourtDowdell, C. J.
This is a suit by the appellee to recover a balance alleged to be due as rent on a lease contract in Avriting for certain described premises. The case Avas tried by the court without a jury. Section 17 of an act “to establish the law and equity court of Mobile” (Gen; Acts 1907, pp. 562-570), is the same in its provision as section 14 of an act creating the city court of Selma (Acts 1875-76, p. 390). The bill of exceptions in the present case does not contain the conclusions and judgment of the court upon the evidence, nor does it show any exception reserved. Under the authority of Morey v.…
2Cases cited4 opinions
- Copeland v. McAdorySupreme Court of Alabama · 1892
- McLarren v. SpaldingCalifornia Supreme Court · 1852
- Hitchcock v. BaconSupreme Court of Pennsylvania · 1888
- Morey v. MonkSupreme Court of Alabama · 1904
3Cited by3 opinions
- Meador v. EvansSupreme Court of Alabama · 1914
- Baumhauer v. Mobile Electrical Supply Co.Supreme Court of Alabama · 1910
- Hines v. McMillanSupreme Court of Alabama · 1920