Morton Realty Co. v. Magnolia Warehouses

Hall, Judge.

1. On the former appeal of this case, Magnolia Warehouses of Alabama v. Morton Realty Co., 102 Ga. App. 697 (117 SE2d 552), it was held that facts in evidence “constituted a constructive eviction and authorized the tenant to vacate the premises and to refuse to pay rent after such premises were vacated.” We find the evidence adduced at *537the second trial substantially in accord with that before this court on the former appeal. Therefore, the law of this case is that the evidence shows a constructive eviction. Cantrell v. Byars, 72 Ga. App. 549, 551 (34 SE2d 568).

On the question…