Reid v. Fain
Supreme Court of Georgia
Action for breach of contract. Before Judge Pendleton. Eulton superior court. The action was by Mercer Fain, as assignee of the landlord, W. Jones, against M. W. Reid, tenant, to recover damages on account of breach of contract and abandonment of the premises by the tenant.
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Action for breach of contract. Before Judge Pendleton. Eulton superior court. The action was by Mercer Fain, as assignee of the landlord, W. Jones, against M. W. Reid, tenant, to recover damages on account of breach of contract and abandonment of the premises by the tenant. From the petition it appears that on March 8, 1906, M. W. Reid entered into a written contract with W. Jones for the lease of a certain storehouse for the term of five years, commencing April 1, 1906( for which premises Reid agreed to pay Jones $150 per month in advance. The lease contained this stipulation: “In the event…
1Opinion of the CourtEvans, P. J.
(After stating the facts.)
1. It was not necessary for the plaintiff to allege that the de*510fendant was able to procure a retail liquor license for the conduct of a retail liquor business.in the rented storeroom. The verbiage of the contract demonstrates, and the occupation by the tenant of the storeroom for several months before abandoning his lease illustrates that the clause in the lease relating to the procurement of a retail liquor license by the defendant was not intended as a condition ju’ecedent, but as a condition subsequent or defeasance, which would terminate the lease. The…
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