Slater v. Kimbro
Supreme Court of Georgia
Before Judge Van Epps. City court of Atlanta-June 27, 1892. The declaration of Mrs. Slater against Kimbro and others was dismissed on the ground that it did not contain any cause of action, and the plaintiff excepted. She-alleged that Kimbro and his wife and Earley had damaged her $5,000. On October 6, 1890, defendants, by their agent Kimbro, rented to her a house and premises on Houston street, Atlanta, and entered into a contract of lease, wbioli is set out.
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Before Judge Van Epps. City court of Atlanta-June 27, 1892. The declaration of Mrs. Slater against Kimbro and others was dismissed on the ground that it did not contain any cause of action, and the plaintiff excepted. She-alleged that Kimbro and his wife and Earley had damaged her $5,000. On October 6, 1890, defendants, by their agent Kimbro, rented to her a house and premises on Houston street, Atlanta, and entered into a contract of lease, wbioli is set out. The parties to the contract were Kimbro of the first part, and. petitioner of the ■second, and the contract was one of rental by the…
1Opinion of the Court
Bleckley, Chief Justice.
1. The declaration is good in substance. It sets forth a substantial cause of action. The plaintiff being in possession of .the premises under a written contract for one year “ with privilege of two years longer at same agreed rate,” she was not subject to rightful expulsion at the end of the first year as a tenant at will holding-over. She was not a tenant at will, and-was not holding over, unless she had relinquished or forfeited the “privilege of two years longer at same agreed rate,” and this, so far as appears, she had not done. On the contrary, by remaining in…
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