White v. Levy
Supreme Court of Alabama
Action on Verbal Contract for Bent, and Damages for Breach. ‘Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. This action was brought by Hettie White against Marshall P. Levy, and was commenced on the 5th February, 1890. The complaint contained ten counts, each of which claimed $200, the first installment of rent alleged to be due under a verbal contract for the lease by the plaintiff'to the defendant of certain premises in the city of Mobile.
Read the full summary
Action on Verbal Contract for Bent, and Damages for Breach. ‘Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. This action was brought by Hettie White against Marshall P. Levy, and was commenced on the 5th February, 1890. The complaint contained ten counts, each of which claimed $200, the first installment of rent alleged to be due under a verbal contract for the lease by the plaintiff'to the defendant of certain premises in the city of Mobile. According to the averments of the complaint, the contract between the parties was made in July, 1889, the defendant being at…
1Opinion of the CourtMcCLELLAN, J.
— The complaint contains ten counts. It was demurred to as a whole, for misjoinder of counts ex contractu and ex delicto ; and the 1st, 2d, 3d and 10th counts were separately demurred to, on the ground that the claim therein set forth was based on a verbal contract which, by its terms, was not to be performed within one year from the making thereof. All of the demurrers were sustained. Plaintiff thereupon obtained leave to amend, and did so only by striking out the words “and rent,” where they occur at one place in the 10th count. The amendment amounted to nothing. There is nothing in the…
2Cases cited4 opinions
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Jonas v. FieldSupreme Court of Alabama · 1887
- Martin v. BlanchettSupreme Court of Alabama · 1884
- Montgomery Iron Works v. DormanSupreme Court of Alabama · 1884
3Cited by10 opinions
- Shannon v. WisdomSupreme Court of Alabama · 1911
- Thompson v. New South Coal Co.Supreme Court of Alabama · 1902
- A. G. Rhodes Furniture Co. v. WeedenSupreme Court of Alabama · 1895
- Hays v. Ingham-Burnett Lumber Co.Supreme Court of Alabama · 1928
- Izard v. Connecticut Fire InsuranceSupreme Court of Arkansas · 1917
5 more not listed; retrieve them via the Exa API.