116 Ga. 420 | Ga. | 1902
In January, 1897, Griffith instituted summary-proceedings to dispossess Collins of certain described lands of which Collins was alleged to' be in possession as a tenant holding over-Collins made a counter affidavit in which he averred that he did not hold the land under any lease or contract of rent or otherwise-as the tenant of Griffith. Griffith then amended his pleadings by alleging that he and Collins had entered into a written agreement-in regard to the lands, that by mistake of the scrivener and of the-parties the writing did not speak the true intention of the parties, and that under the real contract Collins was to become the purchaser of the lands by making certain payments therein stipulated, or, iu the event of a failure-to make these payments, to pay rent-as a tenant. He prayed a reformation of the contract. Upon the-trial the evidence showed that in 1892 or 1893 Collins, as the tenant of Griffith, went into possession of most of the land here involved. He rented the land from year to year until the fall of' 1895, when he made a contract of rent forthe year 1896. In January, 1896, the parties entered into the following written contract, which was signed by Griffith: “ This is to certify that I agree to sell Mr. J. P. Collins my home place containing 350 acres, at $7.00-
2. It was argued by counsel for the plaintiff in error that the writing set out above lacked the certainty requisite to a contract, and was not binding; and that therefore the relation of landlord and tenant continued between the parties under their prior contract made in the fall of 1895. This we think is not true. The writing did not constitute a sale of the land, but it was an agreement to sell, and was so treated by Griffith in his pleadings. Both parties had acted upon it as such an agreement, and as long as .they did so the relation between them was not that of landlord and tenant. The parties intended the instrument as an optional contract or agreement under which Collins could purchase the land or hold it as tenant; and when he made a tender to Griffith arid thereby placed himself in the position of one attempting to close the-option to purchase, no refusal on the part of Griffith could place Collins in the attitude of a tenant. Under the contract Collins-held the land as a purchaser unless and until he should, by a failure to pay or in some other way, elect to hold it as a tenant. In the absence of anything to show such an election, he would continue to hold as purchaser. Whether the tender made was of an exactly correct amount is of-no moment, for it was refused by Griffith on grounds which show indubitably that the offer would have been declined .whether correct or not. One of these grounds was that Griffith was entitled to seven dollars per acre for the land, and, in addition thereto, ten per cent, per annum interest for the full period of ten years, although the payment were made the first-year; the other was that he had already conveyed the land to a third party and was in no position to make a deed to Collins. We are clear that Griffith was not entitled to interest at the rate of ten per cent, per annum, and that, whatever the rate, he was en
. 3. The trial judge committed no material error which could have affected the decision of the above and controlling issues in the case. Whether error was committed with respect to other questions made, it is unnecessary to decide; for if the relation of landlord and tenant did not exist between the parties, a determination of this case in favor of Collins was inevitable.
Judgment affirmed.