6 Ga. App. 80 | Ga. Ct. App. | 1909
On April 8, 1901, Thompson leased a certain tenement in the city of Atlanta, for the purpose of a livery and feed stable, to Booth, Walker, Wilson, and Harper, for the term of three years, commencing on May 1, 1901, at the price of $300 per month, payable monthly. On the same day he executed a lease to the- same persons, with the exception of Booth, for the same tenement, from the date on which the first lease ended.
The judge charged the jury, in substance, that it was the duty of the landlord to have the premises in tenantable condition on May 1, 1904; and that if he did not do so, it.was not obligatory upon the defendants' to enter or take possession under the second lease, and that the plaintiff could not, as against the defendants, set up the failure of the previous tenants to comply with their covenant to keep the premises in repair. If he was right in this instruction, the verdict should stand; otherwise it should be set aside. Walker, one of the present defendants, signed the note sued on, “B. F. Walker, Agt.” In the lease set up in the pleadings and in the proof he is described as agent for Charles E. Walker. He attempted to plead that he is not individually bound on the contract, but that Charles E. Walker is bound. The court struck the plea. He excepted pendente lite, and has filed' a cross-bill, which is also before us for consideration.
We will not inquire into the merits of the cross-bill, but will dismiss it, with direction that the action of the court complained of shall not hereafter operate as a res adjudicata .or an estoppel upon the parties.
Judgment affirmed on main bill of exceptions; cross-bill dismissed, with direction.