5 Ga. App. 583 | Ga. Ct. App. | 1909
The propositions of law announced in the head-notes decide the points raised in the record, and, for the most part, do not require elaboration to be understood. A brief statement of the facts may, however, make them somewhat clearer. Gay sued out a distress warrant against the defendants for the rent of a plantation for the year 1905. He testified, that the contract was made in December, 1904, and that the tenancy was to exist only throughout the year 1905; that he did not represent that the place contained anjr given number of acres; that he did not fail to make necessary repairs; that, nevertheless, the defendants, having entered into possession at the beginning of the year and having retained possession for about two months, expressed dissatisfaction on account of an asserted shortage in- the quantity of the land, and said they were going to leave; to which he replied ■that they might do as they pleased, but that he would hold them for the rent; that they did leave, and he thereupon allowed his son and his son-in-law to move upon the place and to cultivate about