Adair v. Smith
Court of Appeals of Georgia
Certiorari; from Fulton superior court—Judge Bell. March J5, 1918. Forrest and George. Adair, real estate and renting agents, sued Jasper N. Smith for certain commissions claimed to be owing to them. Charles P. Glover Realty Company, as the agent of Smith, prepared and executed a lease of a building owned by him to Marbut & Young, for a period of five years, at a monthly rental of $50; which lease was signed “ Chas.
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Certiorari; from Fulton superior court—Judge Bell. March J5, 1918. Forrest and George. Adair, real estate and renting agents, sued Jasper N. Smith for certain commissions claimed to be owing to them. Charles P. Glover Realty Company, as the agent of Smith, prepared and executed a lease of a building owned by him to Marbut & Young, for a period of five years, at a monthly rental of $50; which lease was signed “ Chas. P. Glover Realty Company, Agent, by Eugene S. Kelly, Yice-President,” and by the lessees. Thereafter the lease was presented by the Charles P. Glover Realty Company to Smith for…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) Something may properly be said in elaboration of the last two divisions of the syllabus. The clause in the lease agreement making the rent payable either to the Glover Eealty Company, or to its successors or assigns can not be construed, as was done in Swarts v. Narragansett Electric Lighting Co., 26 E. I. 436 (59 Atl. 111), as words merely descriptive of the persons who might take an interest in or incur a liability under the contract, but must be taken as effecting the terms of the contract itself. Here the words as plainly employed designate the person…
2Cases cited2 opinions
- Schlessinger v. Forest Products Co.Supreme Court of New Jersey · 1910
- Swarts v. Narragansett Electric Lighting Co.Supreme Court of Rhode Island · 1904
3Cited by11 opinions
- Oak Cliff Ice Delivery Co. v. PetersonCourt of Appeals of Texas · 1927
- Wheeler v. Pan-American Petroleum Corp.Court of Appeals of Georgia · 1934
- Kenimer v. Ward Wight Realty Co.Court of Appeals of Georgia · 1964
- Cutcliffe v. ChesnutCourt of Appeals of Georgia · 1972
- Belau v. Brown & Sons Realty Co.Court of Appeals of Georgia · 1970
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