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DARLING SHOP OF BIRMINGHAM v. NELSON REALTY CO.

6 Div. 642.

79 So.2d 793 (1954)

DARLING SHOP OF BIRMINGHAM, Inc., et al. v. NELSON REALTY COMPANY, Inc., et al. NELSON REALTY COMPANY, Inc., et al. v. DARLING SHOP OF BIRMINGHAM, Inc., et al.

Supreme Court of Alabama.

Rehearing Denied May 12, 1955.

Attorney(s) appearing for the Case

Cabaniss & Johnston and K. E. Cooper, Birmingham, for appellants.

Leader, Tenenbaum, Perrine & Swedlaw, Waites & Tucker, Kenneth Perrine and John Tucker, Jr., Birmingham, for appellees.

PER CURIAM.

This is an appeal from a decree of the circuit court, in equity, overruling a demurrer to a cross bill as a whole and to certain aspects of it, and sustaining the demurrer to another aspect. Cross complainant, to whom we will refer as Nelson, leased some valuable downtown store property to the Darling Shop of Birmingham, to whom we will refer as Darling. The lease was in writing, dated March 10, 1943, and extended for a term of six years beginning on the...

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