Nelson Realty Co. v. Darling Shop of Birmingham, Inc.

101 So.2d 78 (1957)

NELSON REALTY CO., Inc., et al.

v.

DARLING SHOP OF BIRMINGHAM, Inc.

6 Div. 84.

Supreme Court of Alabama.

October 24, 1957.

Rehearing Denied March 6, 1958.

Earl McBee and John S. Tucker, Jr., Birmingham, for appellants.

Cabaniss & Johnston, K. E. Cooper and Meade Whitaker, Birmingham, for appellees.

SIMPSON, Justice.

This is an appeal by Nelson Realty Co. from a decree of the lower court sustaining a demurrer to the substitute cross-bill of Nelson, the appellant.

The original bill was filed by Darling Shop of Birmingham, the appellee, seeking a declaratory judgment to clarify a lease…