Judges: PER CURIAM. —
Attorneys: Carey Askew, for Plaintiff in Error;
H. W. Holland, for Defendant in Error.
Filed: May 30, 1930
Latest Update: Mar. 02, 2020
Summary: Plaintiff in error filed its affidavit in distress for three months' rent payable in money under a written lease. Defendant in error filed its affidavit denying that the rent or any part thereof claimed was due. Trial by jury was waived. The court, after hearing the evidence, entered judgment for defendant. Fergusson, the owner of the demised premises, entered into a written lease with one Scott, for a term commencing December 10, 1925, and ending December 10, 1932, at a certain specified rental
Summary: Plaintiff in error filed its affidavit in distress for three months' rent payable in money under a written lease. Defendant in error filed its affidavit denying that the rent or any part thereof claimed was due. Trial by jury was waived. The court, after hearing the evidence, entered judgment for defendant. Fergusson, the owner of the demised premises, entered into a written lease with one Scott, for a term commencing December 10, 1925, and ending December 10, 1932, at a certain specified rental ..
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The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the judgment of the court below should be, and the same is hereby reversed with directions to the court below to enter judgment for the plaintiff not inconsistent with this opinion for the rental sued for.
TERRELL, C. J., AND WHITFIELD, ELLIS, STRUM, BROWN AND BUFORD, J. J., concur.
