Desverges v. Marchant
Court of Appeals of Georgia
Complaint; from city court of Bainbridge — Judge Spooner. October 30, 1915.
1Opinion of the CourtBkoyles, J.
1. A landlord is bound to keep in repair the premises which he has leased, unless the contract of lease contains a stipulation to the contrary. Civil Code, § 3699.(a) However, if there are patent defects known to both parties at the time of executing the lease, and the lessee takes the premises as they are, he can not thereafter demand that the landlord remedy the defect. Driver v. Maxwell, 56 Ga. 12; Aikin v. Perry, 119 Ga. 263 (46 S. E. 93); Lumpkin v. Provident Loan Society, 15 Ga. App. 816 (84 S. E. 216); 1 Tiffany on Landlord & Tenant, 599, 634.
*249Decided June 5, 1916. Complaint; from city…
2Cases cited5 opinions
- Aikin v. PerrySupreme Court of Georgia · 1903
- Barnard v. StateSupreme Court of Georgia · 1904
- Johnson v. StateSupreme Court of Georgia · 1906
- Birmingham Lumber Co. v. Brinson & SonSupreme Court of Georgia · 1894
- Lumpkin v. Provident Loan Society Inc.Court of Appeals of Georgia · 1915
3Cited by9 opinions
- Globe Motors, Inc. v. NoonanCourt of Appeals of Georgia · 1962
- Black v. New Holland Baptist ChurchCourt of Appeals of Georgia · 1970
- Jones v. BlackburnCourt of Appeals of Georgia · 1947
- Consolidated Phosphate Co. v. Sturtevant Co.Court of Appeals of Georgia · 1917
- Kaplan v. SandersCourt of Appeals of Georgia · 1975
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