Legal Opinion

Smith v. Singleton, Hunt & Co.

Supreme Court of Georgia

Decided October 2, 1883PublishedCited by 9 opinions

Landlord and Tenant. Contracts. Actions. Rent, Before Judge Port. Sumter Superior Court. April Adjourned Term, 1883. Singleton, Hunt & Company proceeded to dispossess Smith, as a tenant at sufferance. He filed a counter-affidavit. On the trial, the evidence showed, in brief, as follows: One Calloway, a real estate agent, assuming to act for Singleton, Hunt & Company, sold to Smith certain land, subject to ratification by the principals.

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Landlord and Tenant. Contracts. Actions. Rent, Before Judge Port. Sumter Superior Court. April Adjourned Term, 1883. Singleton, Hunt & Company proceeded to dispossess Smith, as a tenant at sufferance. He filed a counter-affidavit. On the trial, the evidence showed, in brief, as follows: One Calloway, a real estate agent, assuming to act for Singleton, Hunt & Company, sold to Smith certain land, subject to ratification by the principals. They never ratified the trade, but subsequently demanded possession, and upon it being refused, sued out this warrant. Prior to this, the land was sold for…

1Opinion of the Court

Hall, Justice.

The material question made by this record, precisely stated, is whether one who makes a contract for the purchase of land, with a person assuming to act as agent of the owner, and subject to the approval and ratification of the latter, and who goes into possession under this contract, which is never ratified by the owner, is a tenant at sufferance, and subject to be turned out of possession by the statutory process against a tenant holding over, after possession has been demanded and refused.

1. That the defendant in the warrant did not enter upon the premises as a wrong-doer, is…

2Cases cited2 opinions

  1. Godfrey v. WalkerSupreme Court of Georgia · 1871
  2. Brown v. PersonsSupreme Court of Georgia · 1873

3Cited by9 opinions

  1. Willis v. HarrellSupreme Court of Georgia · 1903
  2. Stanley v. StembridgeSupreme Court of Georgia · 1913
  3. Hill v. KitchensCourt of Appeals of Georgia · 1922
  4. Heller v. JentzschSupreme Court of Missouri · 1924
  5. Williams v. DurhamCourt of Appeals of Georgia · 1948

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