Rains Investment Company, Inc. v. George Roe & Associates, Inc.

Deen, Presiding Judge.

We deal here with a usufruct, whereby the appellee-lessee received only the right to possess the leased premises in return for its covenant to pay rent. Code § 61-101. The appellee urges that the evidence compels a finding that it was constructively evicted from possession and has a defense therefore to the action for rent. We disagree.

Assuming without deciding that the "stipulation” is a covenant by the lessor not to rent to a competitor of the appellee, we must strictly construe it. Guerin v. Webster, 233 Ga. 521 (212 SE2d 352); Village Enterprises v. Ga. R. Bank &c.…