Maddox v. Wescott
Supreme Court of Alabama
Appeal from. Montgomery City Court. Heard before Hon. A. D. Sayre. Suit by M. W. Westcott and others against T. J. Mattox in unlawful detainer, for breach of contract of lease, the facts of which are sufficiently stated in the opinion of the court. From a judgment for plaintiff defendant appeals. Where the tenant violates the terms of a lease to the injury of the landlord, the latter may recover full compensation in damages in a suit for breach of condition.— 18 Am. & Eng.
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Appeal from. Montgomery City Court. Heard before Hon. A. D. Sayre. Suit by M. W. Westcott and others against T. J. Mattox in unlawful detainer, for breach of contract of lease, the facts of which are sufficiently stated in the opinion of the court. From a judgment for plaintiff defendant appeals. Where the tenant violates the terms of a lease to the injury of the landlord, the latter may recover full compensation in damages in a suit for breach of condition.— 18 Am. & Eng. Ency. L., 269-70, and cases there cited. As the landlord has the means to fully indemnify himself, the law does not favor…
1Opinion of the CourtDenson, J.
As the owner of a well-defined interest or estate in lands, a tenant for years, unless restrained by the covenants and conditions in his lease, may under-let the premises, or any part of them. — 1 Washb. on Real Prop, (4th Ed.) 517; 4 Kent. Com. 96; 24 Cyc. 962; Nave v. Berry, 22 Ala. 382; Crommelin v. Thiess, 31 Ala. 412, 421, 70 Am. Dec. 499. In the lease presented in this case is the following clause: “And the said party of the second part (lessee) are to commit no waste of property, but, on the contrary, take good care of the same, and, further, not to underlease the said property,…
2Cases cited5 opinions
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Nave v. BerrySupreme Court of Alabama · 1853
- Dierig v. CallahanAppellate Terms of the Supreme Court of New York · 1901
- Benson v. SuarezNew York Supreme Court · 1864
- Weisbrod v. DemboskyAppellate Terms of the Supreme Court of New York · 1898
3Cited by13 opinions
- Homa-Goff Interiors, Inc. v. CowdenSupreme Court of Alabama · 1977
- Ex Parte ColemanSupreme Court of Alabama · 2003
- City Garage & Sales Co. v. BallengerSupreme Court of Alabama · 1926
- Abrahamson v. BrettOregon Supreme Court · 1933
- Woods v. Forest Hill Cemetery, Inc.Tennessee Supreme Court · 1946
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