O'Byrne v. Jebeles & Colias Confectionery Co.
Supreme Court of Alabama
A Bill Confessing Forfeiture of Lease and' Seeking Belief Against Same. Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by T. W. O’Byrne against the Jebeles & Colias Confectionery Company, as assignee of Mary F. Robinson. From a judgment sustaining demurrers to the bill, complainant appeals. The contents of the bill are sufficiently set out in the opinion.
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A Bill Confessing Forfeiture of Lease and' Seeking Belief Against Same. Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by T. W. O’Byrne against the Jebeles & Colias Confectionery Company, as assignee of Mary F. Robinson. From a judgment sustaining demurrers to the bill, complainant appeals. The contents of the bill are sufficiently set out in the opinion. The notice referred to therein, so far as breaches of covenant are concerned, is as follows: “That for a stipulated rental reserved in said lease, and on condition that you will keep the property in repair and.…
1Opinion of the CourtMcCLELLAN, J.
— As the solicitor for complainant (appellant) concedes, the theory of the bill confesses a forfeiture under the terms of a 10-year lease made between complainant and the respondent’s assignor, and, so confessing, invokes equity jurisdiction for relief *186against the forfeiture.- — 1 Pom. Eq. § 453. The theory of the bill is good, but the vital question is whether complainant makes out a case for his relief.
Mrs. Robinson, respondent’s assignor and grantor, owned a vacant lot in Birmingham. She leased it to complainant for 10 years, the termination of which was to be December 31, 1909. The…
2Cases cited2 opinions
- Root v. JohnsonSupreme Court of Alabama · 1891
- Attalla Mining & Manufacturing Co. v. WinchesterSupreme Court of Alabama · 1893
3Cited by3 opinions
- Franklin v. LongSupreme Court of Alabama · 1915
- McCutcheon Realty Corp. v. KilbCity of New York Municipal Court · 1927
- Jebeles & Colias Confectionery Co. v. O'ByrneAlabama Court of Appeals · 1913