Hodges v. Georgia Kaolin Company

108 Ga. App. 115 (1963)

132 S.E.2d 86

HODGES

v.

GEORGIA KAOLIN COMPANY.

40016.

Court of Appeals of Georgia.

Decided May 30, 1963.

Rehearing Denied June 27, 1963.

G. L. Dickens, Jr., for plaintiff in error.

Harris, Russell & Watkins, John B. Harris, Jr., James G. Maddox, contra.

EBERHARDT, Judge.

1. The battleground of the parties here presents the problem of whether the Company was under obligation to mine any kaolin from the leased premises prior to the bringing of this action in 1961. The plaintiff Hodges asks that we hold that there was an implied covenant in the lease obligating the Company to begin…