Potts-Thompson Liquor Co. v. Potts
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Pulton superior court. October 26, 1909. E. M. Potts and Mrs. Ethel Toy Lamar brought suit against the Potts-Thompson Liquor Company upon a contract of lease in the following form: “Whereas on the 12th day of April, 1906, Prank M. Potts leased from Mrs. Ethel Toy Lamar for the term of 5 years, beginning the first day of January, 1907, and ending on the 31st day of December, 1911, a two-story building and basement thereunder,…
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Equitable petition. Before Judge Pendleton. Pulton superior court. October 26, 1909. E. M. Potts and Mrs. Ethel Toy Lamar brought suit against the Potts-Thompson Liquor Company upon a contract of lease in the following form: “Whereas on the 12th day of April, 1906, Prank M. Potts leased from Mrs. Ethel Toy Lamar for the term of 5 years, beginning the first day of January, 1907, and ending on the 31st day of December, 1911, a two-story building and basement thereunder, situated on the south side of Decatur street in the City of Atlanta, and being known as No. 5 Decatur street, agreeing to pay…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1,2. The defendant contended, that the lease by the agents of Mrs. Lamar to Potts for five years, being under seal, required authority to the agents under seal; that, in the absence of this, it created only a tenancy at will; that the contract between Potts and *457the liquor companjq while in terms a sublease, in law amounted to an assignment of the lease from Mrs. Lamar, being for a time as long as the term of that lease; that thus there was only a tenancy at will between Mrs. Lamar and the liquor company, terminable by either on due notice; that the latter…
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