148 Ga. 153 | Ga. | 1918
The contract between Mrs. McCombs and Brown speaks of leasing real estate and hiring personal property. Whether the contract in so far as it relates to the tanks was one of “leasing” or “hiring,” Brown did not acquire the right to sublet without the assent of Mrs. McCombs. Civil Code, §§ 3691, 3485. As the plaintiffs’ basis of claim was under Brown, whether as tenant or bailee, it was incumbent upon them to show assent of Mrs. McCombs to their contract with Brown. This was a question of fact upon which, under the pleadings and evidence, the judge was authorized to find adversely to the plaintiffs. In the brief of counsel for the plaintiffs it was stated: “ Our contention is
Judgment affirmed.