Legal Opinion

Shippen v. Georgia Better Foods Inc.

Court of Appeals of Georgia

Decided July 16, 1949No. 32506PublishedCited by 2 opinions

1Opinion of the Court

Gardner, J.(a) We think this a proper case for a declaratory judgment.(b) The contract between the defendant as owner and the plaintiffs as subtenants (not following numerical order), among other things, provides: (1) The contract itself states that no relation other than that of landlord and tenant is created. (2) The lease carries a provision for a stipulated rental of $2000 per month and a percentage of the gross receipts. (3) The owner retained the ownership of furniture, carpets, and equipment with the right to remove certain parts thereof at any time she saw fit. (4) The owner reserved…

2Cases cited5 opinions

  1. Gavan v. NorcrossSupreme Court of Georgia · 1903
  2. Kanes v. KoutrasSupreme Court of Georgia · 1948
  3. Evans Theatre Corp. v. Degive Investment Co.Court of Appeals of Georgia · 1949
  4. Midtown Chain Hotels Co. v. BenderCourt of Appeals of Georgia · 1948
  5. Chastain v. Reserve Loan Life InsuranceCourt of Appeals of Georgia · 1931

3Cited by2 opinions

  1. Sadler v. Winn-Dixie Stores, Inc.Court of Appeals of Georgia · 1979
  2. Baird v. KelleyCourt of Appeals of Georgia · 2001

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