Tully v. Dunn
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before Hon. John Moore. This action was brought by the appellee against the appellant, and was commenced on the 25th October, 1859. The complaint was as follows; “ Plaintiff claims of the defendant, three hundred and fifty dollars, due by promissory note, made by her on the 29th day of June, 1858, and payable on the first day of May, 1859, with interest thereon ; and also the further sum of three hundred and fifty dollars, due…
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Appeal from the Circuit Court of Dallas. Tried before Hon. John Moore. This action was brought by the appellee against the appellant, and was commenced on the 25th October, 1859. The complaint was as follows; “ Plaintiff claims of the defendant, three hundred and fifty dollars, due by promissory note, made by her on the 29th day of June, 1858, and payable on the first day of May, 1859, with interest thereon ; and also the further sum of three hundred and fifty dollars, due by promissory note, made by defendants, on the 29th day of June, 1858, and payable on the first day of February, 1859,…
1Opinion of the CourtJudge, J.
It is sufficiently shown by the evidence, that there was a contract between the parties for the lease of the premises for a specified term. It is equally clear, that the appellant never went into possession of the demised premises, under the lease or agreement, either personally, or by an agent, or under-tenant; and this presents the question, whether, in such case, the action of assumpsit, on the common count for use and occupation, can be maintained ; for it was under this count alone, that the appellee obtained a recovery in the court below.
We held in Crommelin v. Thiess & Co., 31 Ala.…
2Cases cited5 opinions
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Schuisler & Donnell v. AmesSupreme Court of Alabama · 1849
- Wood v. WilcoxCourt for the Trial of Impeachments and Correction of Errors · 1845
- Little v. MartinNew York Supreme Court · 1829
- Beach v. GrayNew York Supreme Court · 1846
3Cited by6 opinions
- Merrill v. WillisNebraska Supreme Court · 1897
- Imperial Water Co. v. CameronCalifornia Court of Appeal · 1924
- Rucker v. TaborSupreme Court of Georgia · 1906
- BYRD COMPANIES v. Birmingham Trust Nat. BankSupreme Court of Alabama · 1985
- Bain v. McDonaldSupreme Court of Alabama · 1895
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