16 Ga. App. 663 | Ga. Ct. App. | 1915
The propositions of law announced in the head-
According to the defendant’s testimony, he moved out of the premises without any notice whatever to the landlord or her agent, and before he sent the keys by Williams. It is true he left in the store a counter worth $15, for which he has never since made any demand, but he does not testify that he sent any message by Williams, or is there any testimony that he requested through Williams that the plaintiff should release him from the contract of rental. There was nothing that the plaintiff’s agent could do but accept the keys; for it was plain, from the fact that the defendant was sending the keys, that the storehouse had already been vacated. However, in the defendant’s testimony there is nothing that indicated on the part of the plaintiff’s agent a willingness that the storehouse should be vacated and the contract terminated. On the contrary, the defendant testified: "A day or two thereafter I received a letter from Mr. Gorman, requesting me to call by his office to see him, and stating that he thought we could make some arrangement by which I could continue to conduct my dairy business on the premises.” So far from indicating any definite agreement on the part of the plaintiff to accept the keys as an evidence of surrender of possession, this letter merely indicated uncertainty on the part of the plaintiff as to what to do under the existing conditions, and perhaps a willingness to modify some term of the contract if, after a conference, an agreement could be reached as to the modification. The defendant further testified: “I think I also received another letter shortly thereafter, making substantially the same request.” According to the defendánt’s testimony, the
There being no evidence that the plaintiff at any time consented to the defendant’s abandonment of the premises, the action of the court in directing a verdict affords the plaintiff in error no ground for complaint. Judgment affirmed.