McDonald v. Bell

1. A landlord may elect to treat an undertenant or lessee of his premises as his own tenant, and, upon such, an affirmative election being made, the continued occupancy of the premisés by the under, tenant operates to render him liable to the landlord for the rent subsequently accruing. Hudson v. Stewart, 110 Ga. 37 (35 S. E. 178) ; Fountain v. Whitehead, 119 Ga. 241 (46 S. E. 104) ; McConnell v. East Point Land Co., 100 Ga. 129 (28 S. E. 80) ; Hearn v. Huff, 6 Ga. App. 56 (64 S. E. 298).

2. While it is true that “when a party assumes a certain position in a legal proceeding, and succeeds in…