Alston v. Georgia Credit Counsel, Inc.

Bell, Chief Judge.

Plaintiffs sued under three written leases of realty seeking to recover for rent due, pro rata shares of increased taxes, and attorney fees. Defendant admitted execution of the leases but denied any liability and affirmatively asserted the defense of constructive eviction.

The case was tried by the court and it found that defendant had been constructively evicted and a judgment was entered accordingly.

The admissions of defendant in the answer and the evidence revealed that defendant leased one suite of offices from plaintiffs in February 1971 for a three-year term. On…