98 So. 781 | Ala. | 1924
This case has been before this court before, and, as to counts 1 and 2 of the complaint, we adhere to the opinion on former appeal. Hallock v. Smith,
Counts 3, 4, and 5, added by way of amendment, seek to establish a tort growing out of a breach of covenant on the part of the defendant to repair the porch, made with her tenant when letting the premises, but fail to show a breach of duty, as distinguished from a breach of contract, which would authorize an action of tort by the tenant, his family, guest, or any one entering under him. In the case of Anderson v. Robinson,
The trial court did not err in sustaining the defendant's demurrer to each count of the complaint, and the judgment of the circuit court is affirmed.
Affirmed.
SOMERVILLE, THOMAS, and BOULDIN, JJ., concur.