Barnes v. Strohecker
Supreme Court of Georgia
Debt, in Bibb Superior Court. Tried before Judge Poavers, November Term, 1854. This was an action brought by E. L. Strohecker and Robert F. Baldtvin, executor of Joseph A. White, against Moses D, Barnes, for the rent of a house in Macon called the “Winn House.”
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Debt, in Bibb Superior Court. Tried before Judge Poavers, November Term, 1854. This was an action brought by E. L. Strohecker and Robert F. Baldtvin, executor of Joseph A. White, against Moses D, Barnes, for the rent of a house in Macon called the “Winn House.” The plea of defendant was the general issue and total and partial failure of consideration in this: that plaintiffs, by their contract, were bound to put certain repairs on the house by the 1st of October, 1852, when the rent was to commence ; that they did not make the repairs; and that, consequently, defendant could not occupy the…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
This was an agreement by Moses D. Barnes with the exec'utors of Joseph A. White, by which the former contracted with the latter, sometime previously to the 1st October, 1852, to rent from them a house and lot in the city of Macon, for one year from that date, if the said executors would put certain repairs upon the premises ; no time being specified by which the repairs were to be finished.
[1.] The reasonable construction to be placed upon such a transaction is, that the contemplated repairs were to be placed *344upon the premises before the tenant…
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