MURPHREE v. ABERDEEN-MONROE COUNTY HOSP.

No. 93-CA-00242-SCT.

671 So.2d 1300 (1996)

Ginger MURPHREE, Conservator of the Person and Estate of L.R. Murphree v. ABERDEEN-MONROE COUNTY HOSPITAL, By its BOARD OF TRUSTEES, Julian A. Brown, James S. Reddoch, William H. Hitt, William M. Grace and Cecil S. Belle.

Supreme Court of Mississippi.

As Modified April 11, 1996.


Attorney(s) appearing for the Case

Claude A. Chamberlin, Aberdeen, for Appellant.

Robert H. Faulks, Webb Sanders Deaton Balducci Smith & Faulks, Aberdeen, for Appellee.

Before DAN M. LEE, C.J., and BANKS and McRAE, JJ.


BANKS, Justice, for the Court:

In this matter we consider whether res judicata bars a landlord from recovering statutory double rent, from a hold-over tenant, when the landlord has brought an action under the lease agreement during the hold-over period, but failed to request such double rent for the hold-over period which has passed. We hold that a landlord is not so barred, because the hold-over period establishes a separate...

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