Cook & Co. v. Anderson
Supreme Court of Alabama
. Appeal from the Circuit Court of Montgomery. "Tried before the Hon. JohNP. Hubbabd. This action was brought by P. J. Anderson against Geo. W. Cook & Co., and was founded on the defendants’ three promissory notes, for $83.33 each, dated August 11th, 1886, and payable respectively on 1st March, April, and May, 1887, to Moses Brothers as agents for plaintiff.
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. Appeal from the Circuit Court of Montgomery. "Tried before the Hon. JohNP. Hubbabd. This action was brought by P. J. Anderson against Geo. W. Cook & Co., and was founded on the defendants’ three promissory notes, for $83.33 each, dated August 11th, 1886, and payable respectively on 1st March, April, and May, 1887, to Moses Brothers as agents for plaintiff. The defendants filed three pleas, the first of which was failure of consideration, and the others in substance as follows: (2.) That plaintiff was indebted to them in the sum af .$400, as an unliquidated demand, for the rent of a…
1Opinion of the CourtOlopton, J.
The plaintiff leased to the defendants a building on Commerce street in the city of Montgomery, “for occupation as a grocery store and not otherwise,” for one year from the first day of October, 1886, at a rental of one thousand dollars, payable in equal monthly installments. Plaintiff brings the suit to recover the installments due on the first day of March, April and May, respectively, 1887. The defendants seek to avoid the payment of the rent, in consequence of a fire which occurred November 29, 1886, and so damaged the leased building as to render it unfit for the purposes for which it…
2Cases cited3 opinions
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