Kessler v. Slappey
Court of Appeals of Georgia
1Opinion of the CourtJenkins, P. J.
1. The parties to a lease may, by subsequent express agreement, annul the contract, or such intention may be implied by their joint acts and conduct inconsistent with the preexistent relationship. In all cases the true purpose and intent of the parties, as manifested by their words or conduct, viewed in the light of the surrounding facts and circumstances, must govern; but the mere acceptance of the keys by the landlord from a vacating tenant will not itself alone operate to establish as a matter of law an implied surrender and acceptance. Ledsinger v. Burke, 113 Ga. 74, 77 (38 S. E. 313);…
2Cases cited11 opinions
- Central Trust Co. of Ill. v. Chicago Auditorium Assn.Supreme Court of the United States · 1916
- In re Roth & AppelCourt of Appeals for the Second Circuit · 1910
- Watson v. MerrillCourt of Appeals for the Eighth Circuit · 1905
- Bray v. CobbDistrict Court, E.D. North Carolina · 1900
- In re JeffersonDistrict Court, D. Kentucky · 1899
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3Cited by4 opinions
- Sirdah v. NORTH SPRINGS ASSOCIATES, LLLPCourt of Appeals of Georgia · 2010
- Clark v. SappCourt of Appeals of Georgia · 1933
- Erfani v. BishopCourt of Appeals of Georgia · 2001
- Massey v. WinchesterCourt of Appeals of Georgia · 1928