Shaw v. Bray
Supreme Court of Georgia
Equitable petition. Before Judge Thomas. Berrien superior court. March 21, 1917. On July 3, 1906, E. A. Shaw executed and delivered to the Mas-see & Eelton Lumber Company a lease conveying timber of a certain description on a described tract of land.
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Equitable petition. Before Judge Thomas. Berrien superior court. March 21, 1917. On July 3, 1906, E. A. Shaw executed and delivered to the Mas-see & Eelton Lumber Company a lease conveying timber of a certain description on a described tract of land. The lease contained the following clause: “It is hereby covenanted and agreed by and between the parties hereto that the said Massee & Eelton Lumber Company, its successors, and assigns are to have the free, full, and uninterrupted use and enjoyment of said timber, including the right to cut and remove the same from said lands within seven years…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.) We are of the opinion that the court erred in sustaining the demurrer to the petition. We think it was essential to the exercise of the option contained in the lease that the tender of 25 cents per acre, which was a prerequisite to a renewal of the lease, should have been made prior to the expiration of the original lease or immediately upon its expiration. The clause therein, “after which time said lease may be extended by payment of twenty-five cents per acre per year,” means, not twenty-five cents per acre per jrear by payment or tender of the amount…
2Cases cited1 opinion
- Taylor v. WestSupreme Court of Georgia · 1914
3Cited by7 opinions
- Starling v. ShawSupreme Court of Georgia · 1920
- Edmondson v. Boyd Lumber Co.Court of Appeals of Georgia · 1925
- Hines Lumber Co. v. LewisSupreme Court of Georgia · 1931
- Hardin v. ChamblissSupreme Court of Georgia · 1947
- Bonnett v. Cherokee Timber Corp.Supreme Court of Georgia · 1966
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