Windjammer Associates v. Hodge

McMurray, Presiding Judge.

In Windjammer Associates v. Hodge, 153 Ga. App. 758, 759 (2) (266 SE2d 540), the majority of this court held that the evidence was sufficient to authorize the trial judge to charge on fraud inasmuch as the jury “could infer knowledge as to the condition of the premises... leased.” The plaintiffs, “a partnership,” were the landlords. The testimony of one partner, was that he had no knowledge that the defendant herein was furnishing hot water to another tenant with reference to the leased premises. The lessee was obligated to pay all utility bills.

Submitted October 31,…