Brock v. Desmond & Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. ■ Action by Marion W. Brock, administratrix, against Desmond & Co. and others. From a judgment for defendants Desmond & Co., plaintiff appeals. Desmond & Co. owned a certain storehouse and lot in Birmingham, Ala., which they rented to the Killan-Randle Product Company upon the terms and conditions as stated in the opinion of the court.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. ■ Action by Marion W. Brock, administratrix, against Desmond & Co. and others. From a judgment for defendants Desmond & Co., plaintiff appeals. Desmond & Co. owned a certain storehouse and lot in Birmingham, Ala., which they rented to the Killan-Randle Product Company upon the terms and conditions as stated in the opinion of the court. The Killan-Randle Company sublet to plaintiff’s intestate a part of.the premises. Upon the default of the Killan-Randle Company, and after notice of default and demand, the defendants took…
1Opinion of the CourtAnderson, J.
The intestate, Brock, being the undertenant, held the premises subject not only to the terms of his own demise, but subject as well to the performance of the terms and conditions impressed upon the estate by the provisions of the original lease from the ground landlord. If, therefore, the tenant fails to pay his rent or perform any other condition of the original lease, the landlord may by appropriate legal proceedings enforce such performance, and, if they result *636in removing the tenant, the undertenant may as a necessary consequence be removed also, and this, notwithstanding the undertenant…
2Cited by15 opinions
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