Weed v. Lindsay & Morgan
Supreme Court of Georgia
Landlord and tenant. Contract. Action. Before Judge Harden. City court of Savannah. July term, 1891. Dispossessory warrant was issued against Lindsay & Morgan on the affidavit of Weed, landlord. By counter-affidavit they alleged that their lease, or term of rent, had not expired. The verdict was in their favor; plaintiff’s motion for a new trial was overruled, and he excepted.
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Landlord and tenant. Contract. Action. Before Judge Harden. City court of Savannah. July term, 1891. Dispossessory warrant was issued against Lindsay & Morgan on the affidavit of Weed, landlord. By counter-affidavit they alleged that their lease, or term of rent, had not expired. The verdict was in their favor; plaintiff’s motion for a new trial was overruled, and he excepted. His affidavit, dated October 15,1890, alleged that the property was rented to them, and they took possession in October, 1889, as tenants at will; that on April 8, 1890, he gave them notice that he desired the…
1Opinion of the Court
Bleckley, Chief Justice.
The contract of June 4, 1889, signed by the parties respectively, a copy of which is in the report, was not a present demise or lease which granted to Lindsay & Morgan an immediate estate for years, but was an agreement to give them a future lease for ten years from the time the building to be erected was “ready for occupation.” It is plain from the nature of the agreement and the'language of the instrument that the contract was exeeutoiy on both sides. It was not contemplated that Lindsay & Morgan should become tenants to Weed, or owners of any interest in the…
2Cases cited7 opinions
- Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
- McGrath v. City of BostonMassachusetts Supreme Judicial Court · 1869
- Kabley v. Worcester Gas Light Co.Massachusetts Supreme Judicial Court · 1869
- Jackson v. DelacroixNew York Supreme Court · 1829
- Dunne v. Trustees of SchoolsIllinois Supreme Court · 1864
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3Cited by14 opinions
- McCann v. Glynn Lumber CompanySupreme Court of Georgia · 1945
- Hayes v. City of AtlantaCourt of Appeals of Georgia · 1907
- Lanier v. KellyCourt of Appeals of Georgia · 1909
- Plank v. BourdonCourt of Appeals of Georgia · 1985
- Ross v. Keaton Tire & Rubber Co.California Court of Appeal · 1922
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