Petty v. Kennon
Supreme Court of Georgia
Landlord and tenant. Statute of frauds. Part performance. On June 24th, 1871, Elizabeth Kennon instituted proceedings against John F. Petty as a tenant holding over, to recover the possession of a certain tract of land situate in the county of Haralson. The defendant filed his counter-affidavit to the effect that the term for which he had rented said lot of land had not yet expired.
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Landlord and tenant. Statute of frauds. Part performance. On June 24th, 1871, Elizabeth Kennon instituted proceedings against John F. Petty as a tenant holding over, to recover the possession of a certain tract of land situate in the county of Haralson. The defendant filed his counter-affidavit to the effect that the term for which he had rented said lot of land had not yet expired. When the issue thus formed came on for trial the evidence presented the following case: In the fall of 1869, the plaintiff contracted with the defendant to the effect that he was to go on the land in controversy,…
1Opinion of the Court
Trippe, Judge.
It is not denied that at the time the warrant was issued against the tenant, the landlord was indebted to him $40 00 for repairs of fences, under the contract for rent, and that the tenant was to keep the farm until he was paid. If the tenant had made a parol contract for a tenancy of two or three years for a stipulated sum, and had paid the price and gone into the possession, would it not have been such performance of the contract, that it would have been good under the statute of frauds, or section 1951 of the New Code ? A parol license of an easement, though under the general…
2Cited by11 opinions
- Bentley v. SmithCourt of Appeals of Georgia · 1907
- Baxley Hardware Co. v. MorrisSupreme Court of Georgia · 1927
- Nicholes v. SwiftSupreme Court of Georgia · 1903
- Marshall v. HicksSupreme Court of Georgia · 1925
- Cofer v. WOFFORD OIL CO. OF GEORGIACourt of Appeals of Georgia · 1952
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