Epping v. Devanny
Supreme Court of Georgia
Complaint for rent — iu Chatham Superior Court. Tried before Judge Fleming, at May Term, 1858. This was an action by John Devanny, administrator or John Doyle, deceased, against Carl Epping,,fo.r the recovery of rent for a house and lot in the city of Savannah, for the term, of three years, at eight hundred dollars per annum.
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Complaint for rent — iu Chatham Superior Court. Tried before Judge Fleming, at May Term, 1858. This was an action by John Devanny, administrator or John Doyle, deceased, against Carl Epping,,fo.r the recovery of rent for a house and lot in the city of Savannah, for the term, of three years, at eight hundred dollars per annum. The facts of the case are fully set out in the bill of exceptions, which was as follows: State of Georgia, \ Be it remembered, that in a Chatham County. j case pendiug in the Superior Court of Chatham county, in which John Bevanny, administrator of John Boyle, deceased,…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
The only question in this case is, can a person protect himself by a special contract ?
It is axiomatic that the intention of parties to a contract clearly expressed, is the law of'the .contract. Modus et conveniio vincuret legem. Brown’s Legal Maxims, 538.— Chitty on Contracts, 87. Here it was not only the expressed intention of the parties, that rent was not to be paid until the premises were finished, but the completion of the work was made a condition precedent to the right to demand rent, and therefore no rent was due, or could be recovered,…
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