Legal Opinion · Concurrence

Laster v. Star Rental, Inc.

Court of Appeals of Georgia

Decided January 5, 1989No. 77299Published

1ConcurrenceDeen, Presiding Judge

This writer has reservations about joining the majority opinion’s expression of sympathy for the appellant over the appellee’s resort to OCGA § 16-8-19, as well as its condemnation of that statute.

First of all, I am not so sure that the legislative intent behind the statute did not include a motivation to promote payment of lease obligations. “Why should not a man pay what he owes, and perform what he promises? If he will mot do so voluntarily, why should not society, through wholesome laws, compel him? Fidelity to contracts is essential to private virtue and to public order and prosperity.”…

2Cases cited3 opinions

  1. Commonwealth Investment Co. v. FryeSupreme Court of Georgia · 1963
  2. Johnson v. Griffin Banking & Trust Co.Supreme Court of Georgia · 1876
  3. State v. RussellSupreme Court of Georgia · 1986

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