Meyers v. Myrrell
Supreme Court of Georgia
Contracts. Lease. Landlord and tenant. Before Judge Tompkins. Chatham Superior Court. February Term, 1876. Arnold, trustee, brought assumpsit against Myrrell, on the covenants contained in a deed of lease of a certain wharf in the city of Savannah.
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Contracts. Lease. Landlord and tenant. Before Judge Tompkins. Chatham Superior Court. February Term, 1876. Arnold, trustee, brought assumpsit against Myrrell, on the covenants contained in a deed of lease of a certain wharf in the city of Savannah. The declaration contained two counts, the first upon the following covenant, and its breach : “ 1st. And the said party of the second part doth also covenant for himself, his heirs, etc., to place said demised premises in serviceable condition and repair, and to keep them in such serviceable condition and repair while he continues to occupy the…
1Opinion of the Court
Bleckley, Judge.
We recognize the doctrine that the tenant must perform his covenant, though to do so may involve re-building. But this case had a proper result, inasmuch as, according to the evidence, or to. the decided weight thereof at least, no breach of the covenant occurred. It was not made to appear, by a preponderance of evidence, that the wharf was not kept and returned in “serviceable condition.” Neither was it made to appear that any repairs were called for by the municipal authorities “for the safety or convenience of vessels lying at the wharf.” It would be an unwarrantable…
2Cases cited6 opinions
- Allen v. CulverNew York Supreme Court · 1846
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
- Polack v. PiocheCalifornia Supreme Court · 1868
- Warner v. HitchinsNew York Supreme Court · 1849
- Nave v. BerrySupreme Court of Alabama · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gavan v. NorcrossSupreme Court of Georgia · 1903
- Williams v. BernathCourt of Appeals of Georgia · 1939
- Bell House v. WilkinsCourt of Appeals of Georgia · 1925