Strohecker & Baldwin v. Barnes
Supreme Court of Georgia
Assumpsit for Rent, in Bibb Superior Court. Tried before Judge Allen, November Term, 1856. This was an action for the recovery of rent, brought by Edward L. Strohecker, and Robert F. Baldwin as executor of Joseph A. White, against Moses D. Barnes.
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Assumpsit for Rent, in Bibb Superior Court. Tried before Judge Allen, November Term, 1856. This was an action for the recovery of rent, brought by Edward L. Strohecker, and Robert F. Baldwin as executor of Joseph A. White, against Moses D. Barnes. The facts of the case are these: Sometime prior to the first of October, 1852, Strohecker and White, (who has since died and Baldwin is his executor,) rented to defendant a house in the city of Macon to be occupied as a dwelling, from 1st of October, 1852, to 1st October, 1853, for the sum of $300, to be paid in quarterly instalments; and Strohecker…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
When this case was before the Court, February, 1855, (17. Ga. Rep. 340,) we held, that construing the contract to mean that the tenant was to get possession the 1st of October, and that the repairs was a condition precedent, still his going in*433to the house after that time might be considered as a waiver of the repairs before that time, but that it did not dispense with the making them within a reasonable time thereafter.
The new testimony is, that Barnes agreed that the repairs might be done by the 10th of the month, and it is now insisted, that…
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- Doolittle v. SelkirkNew York Court of Common Pleas · 1894
- Hathaway v. GorfineCourt of Appeals of Georgia · 1975
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