Spooner v. Shelfer
Supreme Court of Georgia
Petition for injunction. Before Judge E. C. Bell. Decatur superior court. March 10, 1921. On March 9, 1920, N. H. Shelfer and Mrs. Julia M. Spooner entered into a written contract, executed in duplicate, by the terms of which Shelfer agreed to “rent, let and lease” certain land to Mrs. Spooner, in consideration of $1000 paid, for the remainder of the year 1920, “ and up to the first day of January, 1921.” In consideration of the cash payment Shelfer further agreed to make no…
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Petition for injunction. Before Judge E. C. Bell. Decatur superior court. March 10, 1921. On March 9, 1920, N. H. Shelfer and Mrs. Julia M. Spooner entered into a written contract, executed in duplicate, by the terms of which Shelfer agreed to “rent, let and lease” certain land to Mrs. Spooner, in consideration of $1000 paid, for the remainder of the year 1920, “ and up to the first day of January, 1921.” In consideration of the cash payment Shelfer further agreed to make no additional charge for the use of the land “ during the time that the said Mrs. Spooner has been in possession of the…
1Opinion of the Court
George; J.
(After stating the foregoing facts.) It is not contended that the written contract did not express the intention and purpose of the parties to it. The contract is plain and unambiguous. It is the only evidence of what the parties intended and understood by it. In these circumstances the whole duty of the court is to construe the contract. That the provision in the lease giving the lessee an option to purchase the premises, if she so desired, in no way affected the relation of landlord and tenant, or the former’s right to evict the latter if she held over and beyond her term; must be…
2Cases cited3 opinions
- Lytle v. Scottish American Mortgage Co.Supreme Court of Georgia · 1905
- Crawford v. CatheySupreme Court of Georgia · 1915
- Clifford v. GressingerSupreme Court of Georgia · 1895
3Cited by7 opinions
- Griffeth v. WilmoreCourt of Appeals of Georgia · 1932
- Spooner v. DykesSupreme Court of Georgia · 1932
- Pope v. ReadSupreme Court of Georgia · 1922
- Hardy v. RameyCourt of Appeals of Georgia · 1973
- Spell v. WardCourt of Appeals of Georgia · 1936
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