Meaher v. Pomeroy
Supreme Court of Alabama
Appeal from tbe Circuit Court of Mobile. Tried before the Hon. John Elliott. This action was brought by E. H. Pomeroy against J. M. Meaher and T. Meaher, to recover the rent, or (as alleged in the second count) the value of the use and occupation, of a certain lot in Mobile, and seems to have been commenced in the City Court, though the trial was had in the Circuit Court.
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Appeal from tbe Circuit Court of Mobile. Tried before the Hon. John Elliott. This action was brought by E. H. Pomeroy against J. M. Meaher and T. Meaher, to recover the rent, or (as alleged in the second count) the value of the use and occupation, of a certain lot in Mobile, and seems to have been commenced in the City Court, though the trial was had in the Circuit Court. “ On the trial,” as the bill of exceptions states, “ the plaintiff introduced evidence tending to show that the defendants rented from her, for the year commencing on the 1st November, 1865, and ending on the 31st October,…
1Opinion of the CourtPeck, C. J.
— The charge of the court below is wrong. If, when the defendants were informed by the plaintiff’s agent that the rent of the lot for the next year would be $500, and that the plaintiff would demand that sum, they had' remained silent and said nothing, and, after the end of their lease for the previous year, had continued to occupy and use the said lot for the next year, the law would have implied a promise on their part to pay that sum. As however, the defendants, at the time, declared to said agent that they would not give that rent, and would not take the lot at that price, no such…
2Cases cited1 opinion
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
3Cited by11 opinions
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- Colyear v. TobrinerCalifornia Supreme Court · 1936
- Security Life and Accident Insurance Company v. United StatesCourt of Appeals for the Fifth Circuit · 1966
- American Mut. Liability Ins. Co. v. McDiamidSupreme Court of Alabama · 1924
- Summers v. Ralston Purina Co.Supreme Court of Alabama · 1954
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