Lathrop v. Standard Oil Co.
Supreme Court of Georgia
Actions. Contracts. Landlord and tenant. Before Judge Kibbee. Pulaski courity. At chambers, December 24, 1888. Lathrop brought his action in the county court of Pulaski county against the Standard Oil Company for $36.00 and interest, on account as per bill of particulars annexed, “for rent of oil- warehouse in Hawkinsville, G-a., from January 1st, 1887, to July 1st, 1888,18 months, at $2.00 per month.”
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Actions. Contracts. Landlord and tenant. Before Judge Kibbee. Pulaski courity. At chambers, December 24, 1888. Lathrop brought his action in the county court of Pulaski county against the Standard Oil Company for $36.00 and interest, on account as per bill of particulars annexed, “for rent of oil- warehouse in Hawkinsville, G-a., from January 1st, 1887, to July 1st, 1888,18 months, at $2.00 per month.” The declaration also contained a count for $36.00 interest, for use and occupation of the same premises from January 1st, 1887, to July 1st, 1888. The evidence introduced at the trial fended to…
1Opinion of the Court
Bleckley, Chief Justice.
The action in the county court was upon an account for rent, the declaration embracing also a special count *310for use and occupation, alleging that such use and occupation were at the request of the defendant, and by the sufferance and permission of the plaintiff. The judgment of the county court was in favor of the defendant, and the plaintiff petitioned for the writ of certiorari, which was denied.
We think that under the evidence contained in the record, the action rightly failed, for the reason that no contract relation or relation of landlord and tenant between the…
2Cases cited8 opinions
- Godfrey v. WalkerSupreme Court of Georgia · 1871
- McLendon v. Atlanta & West Point RailroadSupreme Court of Georgia · 1875
- Richardson v. HarveySupreme Court of Georgia · 1867
- Littleton v. WynnSupreme Court of Georgia · 1860
- Jackson & Bros. v. MowrySupreme Court of Georgia · 1860
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3Cited by8 opinions
- Lenney v. FinleySupreme Court of Georgia · 1903
- Hearn v. HuffCourt of Appeals of Georgia · 1909
- Stephens v. PickeringSupreme Court of Georgia · 1941
- Hill v. Coal Talley Mining Co.Appellate Court of Illinois · 1902
- Moore v. Western Meat Co.New Mexico Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.