Parkman's Adm'r v. Aicardi & Tool
Supreme Court of Alabama
Appeal from tbe Chancery Court of Dallas. Heard before the Hon. James B. Clark. The bill in this case was filed by Mrs. Maria R. Parkman, as the administratrix of the estate of her deceased husband, Elias Parkman, against Aicardi & Tool, A. E. Bayol, and Thornton B. Goldsby; and sought to enjoin the defendant Bayol from sub-letting to his co-defendants, Aieardi & Tool, a certain storehouse in the city of Selma, which he had rented from said Goldsby, and which belonged…
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Appeal from tbe Chancery Court of Dallas. Heard before the Hon. James B. Clark. The bill in this case was filed by Mrs. Maria R. Parkman, as the administratrix of the estate of her deceased husband, Elias Parkman, against Aicardi & Tool, A. E. Bayol, and Thornton B. Goldsby; and sought to enjoin the defendant Bayol from sub-letting to his co-defendants, Aieardi & Tool, a certain storehouse in the city of Selma, which he had rented from said Goldsby, and which belonged jointly to said Goldsby and Elias. Parkman. The storehouse in controversy formed part of a large block of stores, which…
1Opinion of the Court
R. W. "WALKER, J.
In the case of Nave v. Berry, 22 Ala. 390, this court said, in substance, that when the contract of lease is silent, the law implies an obligation on the part of the lessee of a house not to put it to a use materially different from that for which it was constructed, and to which it is adapted and has been usually appropriated. It is an old principle of the common law, that a tenant is guilty of waste, if he materially changes the nature and character of the building leased. Thus, it is held, that he cannot convert a corn-mill into a fulling-mill, or a water-mill into a…
2Cases cited4 opinions
- Long v. McDougald's Adm'rSupreme Court of Alabama · 1853
- Morse v. HoveyNew York Court of Chancery · 1841
- Stewart v. BradfordSupreme Court of Alabama · 1855
- Maddox v. WhiteCourt of Appeals of Maryland · 1853
3Cited by15 opinions
- Sadler v. TaylorWest Virginia Supreme Court · 1901
- Greil Bros. v. MabsonSupreme Court of Alabama · 1912
- Webb v. ButlerSupreme Court of Alabama · 1915
- Morris & Morris v. Tuskaloosa Manufacturing Co.Supreme Court of Alabama · 1887
- F. W. Woolworth Co. v. NelsonSupreme Court of Alabama · 1920
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