Steininger v. Williams
Supreme Court of Georgia
Contracts. Landlord and tenant. New trial. Before Judge Wright.' Decatur Superior Court. May Term, 1879. Mrs. Williams sued out a distress warrant against Steininger. He filed a counter-affidavit. On the trial, the justice rendered judgment for the plaintiff. Defendant appealed. In the superior court, the jury found for the plaintiff $58.33 principal.
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Contracts. Landlord and tenant. New trial. Before Judge Wright.' Decatur Superior Court. May Term, 1879. Mrs. Williams sued out a distress warrant against Steininger. He filed a counter-affidavit. On the trial, the justice rendered judgment for the plaintiff. Defendant appealed. In the superior court, the jury found for the plaintiff $58.33 principal. Defendant moved for a new trial on the following, among other grounds : 1. Because the court held that the statute of frauds did not apply to this case, and refused to charge that unless the contract was made within the year in which it was to…
1Opinion of the Court
Jackson, Justice.
1. The contract for the rent of the place was made on-the 25th of December, 1875, for the year 1876, and it is-insisted that it is within the statute of frauds, and must be in writing. We think that the Code controls it now, whatever may have been the rule before, as laid down in 31 Ga., 507; for section 2280 of the Code declares that “contracts creating the relation of landlord and tenant for anytime, not exceeding one year, may be by parol.”
2. Besides, Steininger was in possession under the contract two months, and paid rent thereon, according to-plaintiffs evidence, and…
2Cases cited2 opinions
- Barnett Line of Steamers v. Blackmar & ChandlerSupreme Court of Georgia · 1874
- Atwood v. NortonSupreme Court of Georgia · 1860
3Cited by19 opinions
- Neely v. SheppardSupreme Court of Georgia · 1938
- Baxley Hardware Co. v. MorrisSupreme Court of Georgia · 1927
- Butler v. GodleyCourt of Appeals of Georgia · 1935
- Higgins v. GagerSupreme Court of Arkansas · 1898
- Ridgway v. BryantCourt of Appeals of Georgia · 1911
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