Cohn & Son v. Farkas
Court of Appeals of Georgia
Action on contract; from city court of Albany — Judge Clayton Jones. March 10, 1915. Sam Earkas leased to S. Cohn &, Son a storehouse for a term beginning July 1, 1913, and ending July 1, 1916, at a rental of $60 per month. In the lease it was stipulated that the lessor should do all necessary repairing for the protection of the property during the term of the lease, and that he should put in a new glass front to the building, without cost to the lessees.
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Action on contract; from city court of Albany — Judge Clayton Jones. March 10, 1915. Sam Earkas leased to S. Cohn &, Son a storehouse for a term beginning July 1, 1913, and ending July 1, 1916, at a rental of $60 per month. In the lease it was stipulated that the lessor should do all necessary repairing for the protection of the property during the term of the lease, and that he should put in a new glass front to the building, without cost to the lessees. On March 10, 1914, Earkas swore out, before a justice of the peace, a distress warrant for one month’s rent; to which Cohn & Son interposed…
1Opinion of the CourtRussell, C. J.
1. The petition might have been amended so as to set forth a cause of action for such damages, consequent upon a breach of the contract as to the glass front, as may have arisen after the adjudication which was pleaded in bar.
2. The plea of res judicata was not filed too late, but the issue raised by it is for determination by a jury. The court therefore erred in sustaining the plea of res judicata and in thereupon dismissing the petition, instead of submitting to the jury evidence upon the issue raised by this plea. Judgment reversed.
Peacock & Gardner, for plaintiffs,
cited: 76 Ga. 769; 87…
2Cases cited18 opinions
- Gibson v. RobinsonSupreme Court of Georgia · 1893
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Broxton v. NelsonSupreme Court of Georgia · 1898
- National Bank v. Southern Porcelain Manufacturing Co.Supreme Court of Georgia · 1877
- Thompson v. McDonaldSupreme Court of Georgia · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Davenport v. Southern Railway Co.Court of Appeals of Georgia · 1930