Cavanaugh v. Clinch
| Decision Date | 11 January 1892 |
| Parties | Cavanaugh v. Clinch et al. |
| Court | Georgia Supreme Court |
Tenancy prom Year to Year — Holding over.
1. A tenant from year to year, who gave notice of his intention to terminate his tenancy at the expiration of the current year, and who on the last day of the year tendered the keys to the landlord, and upon his refusal to receive them put them in the doors of the buildings, but nevertheless continued for two weeks or more to use a portion of the premises for storing some of his property previously placed thereon, and for delivering it to his customers by means of vehicles of his own, loaded at the premises and unloaded at the customers' residences or places of business, held over so as to subject himself, at the landlord's election, to be treated as taking the premises and becoming liable for rent at the prior contract rate for a further term of one year.
2. There was no error in dismissing the exceptions to the award upon demurrer thereto, construing the exceptions in the light of the whole record.
(Syllabus by the Court.)
Error from superior court, Chatham county; W. D. Harden, Judge.
Action by J. H. M. Clinch and another, executors, against J. F. Cavanaugh for rent. Judgment for plaintiffs. Defendant brings error. Affirmed.
R. R. Richards, O'Conner & O'Byrne, and J. A. Cronk, for plaintiff in error.
R. G. Erwin, for defendants in error.
Lumpkin, J. Cavanaugh had been a tenant of the property in question, consisting of a store and wharf lot, from year to year for. many years. November 21, 1888, he gave the requisite notice that he would vacate the premises at the expiration of his lease, on March 1, 18S9. On January 21, 1889, he wrote Cunningham, one of the executors in charge of the property, that he desired to remain a tenant, and asked to be advised upon what terms and conditions he could obtain his desire, to which Cunningham replied that he had conferred with his coexecutor, and they were willing for Cavanaugh to rent the property on the same terms and conditions upon which he then had it. No further communications having passed, on March 1, 1889, Cavanaugh's brother tendered the keys of the building to Cunningham, who refused to receive them, claiming that Cavanaugh was bound as his tenant for another year. This brother at the same time stated that Cavanaugh desired to retain the use of the wharf for a time till he could sell the coal then on it. Cunningham declined to enter into negotiations on this subject, saying ...
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Allen v. Montgomery
...v-. Simons, 109 Ga. 360, 362, 34 S. E. 604. See, also, Kennesaw Guano Co. v. Miles, 132 Ga. 763, 770, 64 S. E. 1087; Cavanaugh v. Clinch, 88 Ga. 610, 15 S. E. 673; Ridgway v. Bryant, 8 Ga. App. 564, 70 S. E. 28. The tenant holding for a year under renewal of the original lease cannot afterw......
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Allen v. Montgomery
... ... Simons, 109 Ga. 360, 362, 34 S.E. 604. See, also, ... Kennesaw Guano Co. v. Miles, 132 Ga. 763, 770, 64 ... S.E. 1087; Cavanaugh v. Clinch, 88 Ga. 610, 15 S.E ... 673; Ridgway v. Bryant, 8 Ga.App. 564, 70 S.E. 28 ... The tenant holding for a year under renewal of the ... ...
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Harwood v. Meloney
...of the premises. Bless v. Jenkins, 129 Mo. 647, 31 S. W. 938; Ballance v. City of Peoria, 180 Ill. 29, 54 N. E. 428;Cavanaugh v. Clinch, 88 Ga. 610, 15 S. E. 673. But plaintiffs having taken possession of the unoccupied part of the land must make a proportionate reduction in the rent. Defen......
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Lanham v. McWilliams
...296, 44 Am.St.Rep. 19; Hamby v. Georgia Iron Co., 127 Ga. 802, 56 S.E. 1033; Walker v. Wadley, 124 Ga. 275, 52 S.E. 904; Cavanaugh v. Clinch, 88 Ga. 610, 15 S.E. 673. reason for this is that the tenant has plainly shown by his conduct that he has elected to claim the additional term. He hav......