Whitney v. Hagan

The plaintiffs instituted suit against the defendant for rent of a lot in the City of Atlanta. The claim for rent arose impliedly out of an option agreement between the parties. A demurrer to the petition was sustained, and the plaintiffs excepted. The pertinent provisions of the option contract are as follows: (1) “Whereas there exists between the two parcels above set out a strip of ground fifty (50) feet wide marked ‘Reserved for Street5' and designated as Lot ‘C5 upon the plat above referred to, which strip,55 particularly described. . . (2) “Whereas the party of the second part herein…