First Capital Institutional Real Estate, Ltd. — 1 v. Pennington

Because I believe the double-rent provision in the lease involved in this case was as a matter of law a penalty and, therefore, unenforceable, I dissent to the majority’s judgment of reversal insofar as it holds the provision to be enforceable. Insofar as the majority’s holding results in a reversal of the grant of summary judgment to appellees on the amount of rent due, I concur in the judgment of reversal only.

The majority’s reliance on Fulton County v. Atlanta Envelope Co., 90 Ga. App. 623 (83 SE2d 866) (1954), requires that certain salient differences between the contract in that case and…