138 Ga. 392 | Ga. | 1912
John J. Woodside, as agent for Mrs. E. J. Mitchell and Mrs. G. M. Bridges, made affidavit and obtained a warrant for the eviction of W. M. Talley from certain premises. The affidavit alleged, “that said tenant fails to pay the rent now due on said house and premises; and that the said tenant is holding said house and premises over and beyond the term for which the same were rented to himalso that demand had been made upon him for delivery of possession, which had been refused. The defendant filed a counter-affidavit in which he denied that the rent claimed to be due was so, and also denied that he was holding over and beyond his term. He further pleaded, that, under the terms of the con
The contract of rental contained the following among other clauses: The tenant “further agrees that he will deliver the premises at the expiration of this lease in as good -order and repair as when first received (natural wear and tear excepted). Said John J. Woodside, agent, agrees that should the premises be destroyed or damaged by fire so as to be untenantable, the conditions of this lease shall cease from the date of the fire, until the premises shall be restored to as good condition as they were in previous to the fire. . . It is further agreed by both parties to this contract that the said second party shall take the above-described premises in their present condition, knowing the premises are in bad repair and agreeing to make such repairs and improvements as are necessary at his own, the said second party’s expense, and further to require no repairs or improvements from said owner or agent.”
The jury found for the plaintiffs $2,500. The defendant moved for a new trial, which was refused, and he excepted.
In the case now under consideration the contract provided, that, should the premises be destroyed or damaged by fire so as to be untenantable, “the conditions of this lease shall cease from the date of the fire until the premises shall be restored to as good condition
Judgment affirmed on condition.