156 Ga. 131 | Ga. | 1923
(After stating the foregoing facts.)
' We can not say that the trial judge abused his discretion in granting an interlocutory injunction, and in preserving the status, until the rights of the parties can be finally settled by a verdict and decree. Counsel for the defendant asserts that it was the
But the defendant attacked the older lease of the plaintiff. Were all or any of these attacks well'founded ? These attacks are, that the plaintiff defaulted in the payment of the price which he was to pay per thousand boxes for the privilege of turpentining the lessor’s timber; that the contract was unilateral; that the contract was an executory one without consideration; that the lease created a perpetuity; and that the lessor had rescinded the contract of lease for non-performance by the plaintiff of his covenants thereunder. The lease recites a consideration, and the fact that the consideration named was not actually paid does not render the lease void, because the lessor could sue for and recover it. Nathans v. Arkwright, 66 Ga. 179; Southern Bell Tel. Co. v.
We can not say that the trial judge abused his discretion in granting a temporary injunction.
Judgment affirmed.