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Nelson Wholesale Corp. v. Thompson
Citations: 495 So. 2d 1133; 1986 Ala. Civ. App. LEXIS 1468Docket: Civ. 5317
Court: Court of Civil Appeals of Alabama; August 27, 1986; Alabama; State Appellate Court
Nelson Wholesale Corporation, the plaintiff, sought to recover unpaid rent and water usage fees from Mrs. Thompson, who operated the Mardi Gras Mystic Club after her husband, the original lessee, was fatally shot. The lease, executed by the husband, obligated him to pay $498 monthly in rent and directly cover water expenses. After the husband's death in January 1980, Mrs. Thompson made rental payments for a time but eventually ceased payments while the lounge remained operational. The plaintiff regained possession of the property after three months of non-payment. The trial court found insufficient evidence to establish that Mrs. Thompson had assumed her husband's lease or entered into a month-to-month lease. The court concluded that her actions were merely related to settling her husband's affairs and that any delinquent payments could be attributed to the husband or his estate. Consequently, the judgment favored Mrs. Thompson. The appellate court upheld this decision, noting the general nature of the evidence regarding non-payment and affirming that the trial court's judgment was correct based on the presented evidence. The defendant was sued individually, not in her capacity as administratrix of her husband's estate or executor of his will. There was no specific evidence presented that any monthly rent default occurred after the husband's death. The trial court's judgment regarding rent was supported by adequate evidence and was not deemed erroneous. Additionally, the court ruled in favor of the wife concerning water usage, as the plaintiff failed to provide proof of the monetary value of the water used, which is necessary for the court to calculate damages accurately without speculation. The plaintiff did not fulfill the burden of proof required. Consequently, the trial court's judgment in favor of Mrs. Thompson was upheld, and the final judgment was affirmed. This opinion was authored by Retired Circuit Judge Edward N. Scruggs and adopted as the court's opinion, with all judges concurring.