NELSON REALTY CO., v. DARLING SHOP OF BIRMINGHAM

6 Div. 84.

101 So.2d 78 (1957)

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

Supreme Court of Alabama.

Rehearing Denied March 6, 1958.


Attorney(s) appearing for the Case

Earl McBee and John S. Tucker, Jr., Birmingham, for appellants.

Cabaniss & Johnston, K. E. Cooper and Meade Whitaker, Birmingham, for appellees.


SIMPSON, Justice.

This is an appeal by Nelson Realty Co. from a decree of the lower court sustaining a demurrer to the substitute cross-bill of Nelson, the appellant.

The original bill was filed by Darling Shop of Birmingham, the appellee, seeking a declaratory judgment to clarify a lease existing between Darling and Nelson. Nelson, in turn, initially filed an answer and cross-bill which sought to defeat a renewal of the lease and to require Darling to vacate...

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