Collins Bros. v. Georgia Hotel Co.
Supreme Court of Georgia
Equitable petition. Before Judge Charlton. Chatham superior court. January 29, 1914. On July 1, 1913, the Georgia Hotel Company filed its equitable petition against Collins Brothers Company, alleging in substance as follows: On September 17, 1912, the plaintiff entered into a contract with the defendant for the construction of a hotel to be erected on a lot of the plaintiff at a cost of $335,000, of which $215,000 was to be paid in cash, and $120,000 in bonds of the…
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Equitable petition. Before Judge Charlton. Chatham superior court. January 29, 1914. On July 1, 1913, the Georgia Hotel Company filed its equitable petition against Collins Brothers Company, alleging in substance as follows: On September 17, 1912, the plaintiff entered into a contract with the defendant for the construction of a hotel to be erected on a lot of the plaintiff at a cost of $335,000, of which $215,000 was to be paid in cash, and $120,000 in bonds of the plaintiff. Payments were to be made upon monthly certificates of the architects, to the extent of ninety per cent, of the value…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. As to the ground on which the building was being erected, the relation established by the contract between the parties was not that of landlord and tenant or that of master and servant, but that of contractor and owner. The possession was in the contractor under and for the purpose of the contract. But it was only sub modo, and not a possession under claim of title or interest adverse to the owner. The contractor was allowed to use the premises for the purposes of the building contract, and not otherwise. Where work is done on personalty by a mechanic,…
2Cases cited3 opinions
- Mackenzie v. MinisSupreme Court of Georgia · 1909
- Goodrich v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1902
- Tally v. ParsonsCalifornia Supreme Court · 1901
3Cited by3 opinions
- Wilkes v. FolsomSupreme Court of Georgia · 1919
- Savannah Lighting Co. v. Fidelity & Deposit Co.Court of Appeals of Georgia · 1918
- Campbell v. DealSupreme Court of Georgia · 1938