Darling Shop of Birmingham, Inc. v. Nelson Realty Co.

This is an appeal from a decree of the circuit court, in equity, overruling a demurrer to a cross bill as a whole and to certain aspects of it, and sustaining the demurrer to another aspect. Cross complainant, to whom we will refer as Nelson, leased some valuable downtown store property to the Darling Shop of Birmingham, to whom we will refer as Darling. The lease was in writing, dated March 10, 1943, and extended for a term of six years beginning on the first day of February 1943 and ending at midnight on the 31st day of January 1949.

On June 11, 1948 Darling filed a bill in equity seeking a…