Broughton v. Thornton
Supreme Court of Georgia
Landlord and tenant. Presumption. Promissory notes. New trial. Troup Superior Court. May Term, 1873. Thomas J. Thornton brought complaint against Edward Broughton on the following note: “ $150 00. LaGrange, December 4th, 1870. “ I promise to pay Thomas J. Thornton one hundred and • fifty dollars for the rent of the store-room I now occupy of his, to be paid quarterly. (Signed) “Edward Broughton.”
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Landlord and tenant. Presumption. Promissory notes. New trial. Troup Superior Court. May Term, 1873. Thomas J. Thornton brought complaint against Edward Broughton on the following note: “ $150 00. LaGrange, December 4th, 1870. “ I promise to pay Thomas J. Thornton one hundred and • fifty dollars for the rent of the store-room I now occupy of his, to be paid quarterly. (Signed) “Edward Broughton.” Pending the litigation, the plaintiff died, and his administrator, John P. Thornton, was made a party in his stead. The defendant pleaded as follows: 1st. The general issue. 2d. That the…
1Opinion of the Court
Trippe, Judge.
1. The tenant occupied the store-house from September, .1870, through the balance of that year, and 1871. In Sep*571tember, 1870, it was agreed between him and the landlord that he, the tenant, should have certain repairs done, the cost of which should come but of the rent. The repairs were immediately made, and four months thereafter, in December, 1870, the tenant gave the landlord his note, stating in it that it was for the rent of the store-house he then occupied, and was. to be paid quarterly. When sued on this note, the tenant pleaded as a set-off the amount he had paid for…
2Cited by2 opinions
- Tabb v. CollierSupreme Court of Georgia · 1882
- Fletcher v. YoungCourt of Appeals of Georgia · 1911