Legal Opinion

Rotruck v. Grandma's Biscuits, Inc.

Supreme Court of Georgia

Decided April 17, 1979No. 34515PublishedCited by 5 opinions

1Opinion of the Court

Hall, Justice.

The issue in this appeal is whether Grandma’s Biscuits, Inc. did or did not assign to Wholesome Foods, Inc. its rights under a certain lease. We find that as a matter of law no such assignment was made, and accordingly the grant of summary judgment for Grandma’s Biscuits, setting aside a purported sale of the land, was not erroneous.

The land in dispute, the "Mistletoe Road Property,” belonged to Mrs. Berry who entered into a ground lease agreement with Grandma’s, giving Grandma’s a ten-year term expiring in 1980, two successive renewal periods of five years each, and a right of…

2Cases cited5 opinions

  1. Cuesta v. GoldsmithCourt of Appeals of Georgia · 1907
  2. Hughes v. CobbSupreme Court of Georgia · 1942
  3. Garbutt & Donovan v. Barksdale-Pruitt Junk Co.Court of Appeals of Georgia · 1927
  4. Southland Investment Corp. v. McIntoshCourt of Appeals of Georgia · 1976
  5. Dimmick v. PullenSupreme Court of Georgia · 1968

3Cited by5 opinions

  1. Splish Splash Waterslides, Inc. v. Cherokee InsuranceCourt of Appeals of Georgia · 1983
  2. Crow v. CookCourt of Appeals of Georgia · 1994
  3. Garden of Eden, Inc. v. Eastern Savings BankSupreme Court of Georgia · 1979
  4. Sprayberry Crossing Partnership v. TuleyCourt of Appeals of Georgia · 1990
  5. Nationwide Mortgage Resources, Inc. v. StalzerCourt of Appeals of Georgia · 1995

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