Hamilton v. House
Alabama Court of Appeals
Appeal from Calhoun Circuit Court. Heard before Hon'. Hugh D. Merrill. Action by T. A. Hamilton, as executrix, and others against F. M. House for use and occupation. Judgment for defendant, and plaintiffs appeal. The complaint contains several counts for money had and received, for conversion, and for use and occupation.
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Appeal from Calhoun Circuit Court. Heard before Hon'. Hugh D. Merrill. Action by T. A. Hamilton, as executrix, and others against F. M. House for use and occupation. Judgment for defendant, and plaintiffs appeal. The complaint contains several counts for money had and received, for conversion, and for use and occupation. It appears that the plaintiff liad rented the land to one Scott for a stipulated rent of $90, payable at a certain time, and that said Scott entered upon the use and occupation of the land, but later surrendered the possession to said House, and the land to the defendant…
1Opinion of the CourtWalker, P. J.
The possession of the land for the use and occupation of which during part of the year 1910 the defendant was sought to be made liable Avas acquired by him from one Scott, Avho held it under a rental contract entered into by him with the plaintiffs. Under the evidence in the case the defendant cannot be held liable as the assignee of that contract,, as the evidence, without conflict, showed that he never agreed to be bound by its terms. On the contrary, he expressly *89refused to agree to pay the amount of rent which Scott had by that contract promised to pay. For one to become' liable as the…
2Cases cited3 opinions
- Burgess v. American Mortgage Co.Supreme Court of Alabama · 1896
- Grady v. Ibach & Co.Supreme Court of Alabama · 1891
- Mooty v. DoyleAlabama Court of Appeals · 1911
3Cited by3 opinions
- Alabama Butane Gas Co. v. Tarrant Land Co.Supreme Court of Alabama · 1943
- Breland v. City of FairhopeSupreme Court of Alabama · 2016
- Bush v. Hill Grocery Co.Supreme Court of Alabama · 1924