Browder-Manget Co. v. Edmondson
Court of Appeals of Georgia
Appeal; from Fulton superior court — Judge Bell. November 4, 1909. The Browder-Manget Company leased from the Georgian Company a storehouse, No. 23 West Alabama Street, Atlanta, for a term of 25 months, and the Browder-Manget Company subleased to George B. Edmondson space in the storehouse, 15 by 57 feet, for two years commencing April 1, 1909, and ending March 31, 1911. The rental was $100 per month for the first year, and $125 per month for the second year, payable in…
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Appeal; from Fulton superior court — Judge Bell. November 4, 1909. The Browder-Manget Company leased from the Georgian Company a storehouse, No. 23 West Alabama Street, Atlanta, for a term of 25 months, and the Browder-Manget Company subleased to George B. Edmondson space in the storehouse, 15 by 57 feet, for two years commencing April 1, 1909, and ending March 31, 1911. The rental was $100 per month for the first year, and $125 per month for the second year, payable in advance. The lease was in writing, dated February 26, 1909, and duly executed. On March 18, 1909, Browder-Manget Company…
1Opinion of the Court
Hill, O. J.
(After stating the foregoing facts.)
The authorities on the question as to whether it is the duty of the lessor to deliver possession of the leased premises, or whether it is the duty of the lessee to demand possession at the time specified in the lease, are in conflict. The English rule seems to be that the duty is upon the lessor to notify the lessee that the leased premises are ready for his possession, and to “clear the possession” for the lessee. In the case of Coe v. Clay, 5 Bingham, 440, it is held that he who lets agrees to give possession, and if he fails to do so, the…
2Cited by6 opinions
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- Jenkins v. SmithCourt of Appeals of Georgia · 1955
- Baxley v. DavenportCourt of Appeals of Georgia · 1947
- Loria's Garage, Inc. v. SmithNew Jersey Superior Court Appellate Division · 1958
- Kokomo Rubber Co. v. AndersonCourt of Appeals of Georgia · 1924
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