Wolffe v. Wolff
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Hon. John r. Hubbard. This was an action of assumpsit for the use and occupation •of- a certain store-house in the city of Montgomery, from the 1st Octobei’, 1879, to tlie 1st October, 1880; was brought by B Wolff & Bro. against Frederick Wolffe, and was commenced on May 10th, 1881. Tbe defendant pleaded,'in short by consent, tlie general issue, “ with leave to give in evidence any matter, which might be specially pleaded,…
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Appeal from Montgomery Circuit Court. Tried before Hon. John r. Hubbard. This was an action of assumpsit for the use and occupation •of- a certain store-house in the city of Montgomery, from the 1st Octobei’, 1879, to tlie 1st October, 1880; was brought by B Wolff & Bro. against Frederick Wolffe, and was commenced on May 10th, 1881. Tbe defendant pleaded,'in short by consent, tlie general issue, “ with leave to give in evidence any matter, which might be specially pleaded, including the right of defendant to prove on the trial, that before the 1st day of October, 1879, defendant gave notice…
1Opinion of the CourtSomenyille, J.
The principle is too well established for further controversy, that, where a tenant for years holds over after the expiration of his term, the law will imply an agreement to hold, or continue the lease, for another year, upon the terms and conditions of the prior lease. It is the duty of a tenant, so soon as the period of his tenancy expires, to peaceably surrender the possession of the demised premises to his land*554lord, and if lie neglects or refuses to do so, the landlord may treat him either as a trespasser, or as a tenant, according as his own option may dictate. — Taylor’s Landlord and…
2Cases cited4 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Schuisler & Donnell v. AmesSupreme Court of Alabama · 1849
- Harkins v. PopeSupreme Court of Alabama · 1846
3Cited by20 opinions
- Home Insurance v. AdlerSupreme Court of Alabama · 1882
- A. G. Rhodes Furniture Co. v. WeedenSupreme Court of Alabama · 1895
- Globe Rutgers Fire Ins. Co. v. Eureka Sawmill Co.Supreme Court of Alabama · 1933
- Security Life and Accident Insurance Company v. United StatesCourt of Appeals for the Fifth Circuit · 1966
- Smith v. PayneSupreme Court of Virginia · 1930
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