Kennedy v. McDiarmid
Supreme Court of Alabama
Appeal from Olay County Court. Heard before Hon. VY. J. Pearce. Action by Ed. Kennedy against Whit McDiarmid. From a judgment for defendant on demurrer to the complaint, plaintiff appeals.
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Appeal from Olay County Court. Heard before Hon. VY. J. Pearce. Action by Ed. Kennedy against Whit McDiarmid. From a judgment for defendant on demurrer to the complaint, plaintiff appeals. The complaint as originally filed is as follows; “Plaintiff claims of defendant the sum of $100 damages, for that, whereas, plaintiff rented to defendant certain lands for cultivation for the year 1906, plaintiff to furnish the land and defendant to furnish the labor and team to cultivate said land and crops to he divided on one-third and one-fourth between plaintiff and defendant. Plaintiff avers that…
1Opinion of the CourtTyson, C. J.
— When one party furnishes the land for the raising of a crop, and another furnishes the labor and the team to cultivate it, with a stipulation for a division, under the statute the relation of landlord and tenant exists between them. Section 2711, Code 1896. It is scarcely necessary to say that the status thus *500fixed by the statute is the result of a contract entered into between the parties. It is for the breach of such á contract that this action is brought, and by it damages for that breach are sought to be recovered. It is elementary that, in declaring upon a breach of a contract or upon…
2Cases cited2 opinions
- Moore v. SmithSupreme Court of Alabama · 1851
- Chapman v. WeaverSupreme Court of Alabama · 1851
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