Judges: PER CURIAM. —
Attorneys: Scarlett, Jordan, Futch Fielding, for Plaintiff in Error;
Gardiner Gardiner, for Defendant in Error.
Filed: Dec. 15, 1931
Latest Update: Mar. 02, 2020
Summary: This is an action at law based upon a contract of lease in which action the lessee seeks to recover damages sustained as a result of fifteen month's eviction from premises on which he had a ten-year lease, and the damages are sought against the lessor, without the joinder of the evictor who is a subsequent grantee and present holder of the fee simple title. A demurrer was sustained to the amended declaration as a whole containing four counts and final judgment for defendant was entered. The case
Summary: This is an action at law based upon a contract of lease in which action the lessee seeks to recover damages sustained as a result of fifteen month's eviction from premises on which he had a ten-year lease, and the damages are sought against the lessor, without the joinder of the evictor who is a subsequent grantee and present holder of the fee simple title. A demurrer was sustained to the amended declaration as a whole containing four counts and final judgment for defendant was entered. The case ..
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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, affirmed.
BUFORD, C.J., AND WHITFIELD, ELLIS, TERRELL, BROWN AND DAVIS, J.J., concur.
