Gulden v. Newberry Wrecker Service, Inc.

Birdsong, Judge.

The plaintiff corporation below, Newberry Wrecker Service ("Newberry”), who is appellee in this appeal, leased from Sydney S. Gulden certain property on Milton Street in Atlanta. The lease term was for five years, to commence on September 1, 1970, and terminate October 31, 1975. The lease document was a standard form, referring to Gulden as "Lessor” and to Newberry as "Lessee,” and obligating Newberry to pay $850 per month for the lease privilege. In fact, however, Gulden did not own the property but had leased it from the Atlanta & West Point Railroad for a period, including…