Woodside v. Talley
Supreme Court of Georgia
Action for breach of contract. Before Judge Bell. Fulton superior court. September 29, 1909. W. M. Talley brought suit against “John J. Woodside, agent for Mrs. E. J. Mitchell and Mrs. G. M. Bridges,” for damages because of an alleged violation of a contract whereby the plaintiff alleged he leased from the defendant certain property which was injured and damaged by fire before the termination of the lease and while the plaintiff was in possession.
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Action for breach of contract. Before Judge Bell. Fulton superior court. September 29, 1909. W. M. Talley brought suit against “John J. Woodside, agent for Mrs. E. J. Mitchell and Mrs. G. M. Bridges,” for damages because of an alleged violation of a contract whereby the plaintiff alleged he leased from the defendant certain property which was injured and damaged by fire before the termination of the lease and while the plaintiff was in possession. It was alleged that the violation of the contract consisted in the refusal of the defendant to repair the property and restore it to the condition…
1Opinion of the CourtHolden, J.
1. The provision in the lease contract, “that should the premises he destroyed or damaged by five so as to be untenantable, tlie conditions of this lease shall cease from the date of fire until the premises shall be restored to as good condition as they were in previous to the fire,” was for the benefit of the lessee so as to exempt him from the payment of rent, if the premises were destroyed or injured by fire, until the premises were, restored to the condition they were in prior thereto; and if the above-quoted provision contemplated that such restoration should he made if the premises were…
2Cited by4 opinions
- Girard Trust Co. v. Tremblay Motor Co.Supreme Court of Pennsylvania · 1927
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
- Talley v. MitchellSupreme Court of Georgia · 1912
- Winter v. TaylorCourt of Appeals of Kentucky (pre-1976) · 1928