Snook & Austin Furniture Co. v. Steiner & Emery
Supreme Court of Georgia
Petition for injunction. Before Judge Lumpkin. Fulton superior court. February 2, 1903. On January 27,1892, Mrs. Flynn leased to Steiner and Emery, for fifteen years from March 1, 1892, unless sooner terminated in accordance with the provisions of this indenture, “ that tract or par-, cel of land situated in city lots 12 and 13 in the city of Atlanta, . . bounded . . , and being the property where the National Hotel is-situated, with and subject to all the rights, members,…
Read the full summary
Petition for injunction. Before Judge Lumpkin. Fulton superior court. February 2, 1903. On January 27,1892, Mrs. Flynn leased to Steiner and Emery, for fifteen years from March 1, 1892, unless sooner terminated in accordance with the provisions of this indenture, “ that tract or par-, cel of land situated in city lots 12 and 13 in the city of Atlanta, . . bounded . . , and being the property where the National Hotel is-situated, with and subject to all the rights, members, servitudes, and easements thereunto appertaining or belonging.” The lessees were granted the right to erect such…
1Opinion of the CourtLamar, J.
Ordinarily it is the lessor who insists that the term continues notwithstanding the destruction of the building. Here the usual positions are reversed. The lessors entered after the fire, began removing the debris, claimed that the contract was at an end, that the furniture company was not indebted for future rent, *369-and that the lessors were entitled to the possession of the premises and to build thereon a structure entirely different from that destroyed. The tenant sought to enjoin the building of a different ■character of structure. The defendants are solvent, and the case might possibly…
2Cases cited19 opinions
- Doyle v. . LordNew York Court of Appeals · 1876
- McMillan v. SolomonSupreme Court of Alabama · 1868
- Gates & Colvin v. GreenNew York Court of Chancery · 1834
- Patterson v. GrahamIllinois Supreme Court · 1892
- Smith v. McLeanIllinois Supreme Court · 1887
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cowdery v. GreenleeSupreme Court of Georgia · 1906
- Girard Trust Co. v. Tremblay Motor Co.Supreme Court of Pennsylvania · 1927
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
- Trust Co. of Georgia v. S. & W. CAFETERIACourt of Appeals of Georgia · 1958
- Talley v. MitchellSupreme Court of Georgia · 1912
6 more not listed; retrieve them via the Exa API.