Legal Opinion · Dissent

Reynolds v. Tufts

Court of Appeals of Georgia

Decided December 4, 1970No. 45656Published

1DissentDeen, Judge

There are three essentials to a binding contract, one of which is identity of the subject matter. Code § 20-107. Let us suppose that I lease a two-room apartment in a 100-apartment project under a lease such as that involved here, which specifies that I pay the agent ”5% of all rentals . . . thereafter paid as rent for premises or any part thereof, whether paid under this lease or not.” When this lease expires I, as a business venture, enter into a new lease of the entire project. What do I owe the original rental agent? 5% of the two-room apartment which I now rent out to somebody else? 5%…

2Cases cited2 opinions

  1. Roberson v. AllenCourt of Appeals of Georgia · 1909
  2. Belau v. Brown & Sons Realty Co.Court of Appeals of Georgia · 1970

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