Bennett v. Farkas
Supreme Court of Georgia
Eviction. Before Judge Spence. Dougherty superior court-April 4, 1905. On January 2, 1905, Sam Farkas sued out a warrant to dispossess Mrs. Bennett as a tenant holding over. _-She interposed her counter-affidavit, declaring that she was not holding possession of' the land over and beyond the term for which the same was rentecL to her, and that the term of rent had not expired, but that in law and equity she was the true owner of the premises, entitled to possession of the…
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Eviction. Before Judge Spence. Dougherty superior court-April 4, 1905. On January 2, 1905, Sam Farkas sued out a warrant to dispossess Mrs. Bennett as a tenant holding over. _-She interposed her counter-affidavit, declaring that she was not holding possession of' the land over and beyond the term for which the same was rentecL to her, and that the term of rent had not expired, but that in law and equity she was the true owner of the premises, entitled to possession of the same and to a deed thereto from Farkas, by reason of the following facts: In 1883, John Flannery & Co., at her request,…
1Opinion of the CourtAtkinson, J.
1. Where a tenant, in her counter-affidavit to a warrant to-evict her as a tenant holding over, avers that in the contract of tenancy the landlord also gave her an option to purchase at a stated sum “and. that in ease they [the landlord] decided to sell said plantation to any one, they would give her notice of same and the refusal to purchase,”' the option to buy as thus alleged was for the stated sum, and not for a less sum for which the landlord might sell to another. Under the-facts a tender was necessary; but a tender of a less sum than the-stated amount was not in compliance with the…
2Cases cited1 opinion
- Latham v. PerrymanSupreme Court of Georgia · 1886
3Cited by3 opinions
- Jones v. BlackwelderSupreme Court of Georgia · 1915
- Swindell v. WalkerCourt of Appeals of Georgia · 1944
- Paulk v. South Georgia Building & Investment Co.Supreme Court of Georgia · 1922