McDonald v. Parker, 50225
| Decision Date | 18 April 1975 |
| Docket Number | No. 50225,No. 2,50225,2 |
| Citation | 215 S.E.2d 334,134 Ga.App. 577 |
| Parties | G. L. McDONALD v. Hazel S. PARKER |
| Court | Georgia Court of Appeals |
Clarence A. Miller, Sylvester, for appellant.
Reinhardt, Whitley & Sims, Glenn Whitley, Tifton, for appellee.
Syllabus Opinion by the Court
Hazel S. Parker brought an action against G. L. McDonald seeking recovery of the principal sum, plus interest and attorney fees upon a promissory note executed October 1, 1970, which on its face was given for $3,000 rent of certain farm premises for the calendar year 1971. Defendant answered, claiming he had paid $562.50 on April 7, 1972. This payment was subsequently admitted to have been made by the plaintiff. He admitted receiving a notice of attorney fees. He denied he owed the $3,000 but admitted the execution of the note. In addition, he filed a counterclaim alleging:
'Defendant shows that he has rented certain farm lands in Worth County, Georgia, being the same farm land referred to in plaintiff's Exhibit A, for a number of years to and including the year 1970; that in the year 1963 while defendant had said farm under rental agreement from plaintiff there was a dwelling house on said premises which defendant used as a dwelling house for persons employed by defendant to provide labor in the tending of crops on said farm; that said dwelling house was destroyed by fire in the year 1963 and that defendant lost the use of said dwelling house and incurred additional expense in the amount of $45.00 per month to provide living quarters for his farm help.
'That during the month of May, 1963 and in the fall of the year of 1963, when defendant was renegotiating his rental agreement with plaintiff, that plaintiff and plaintiff's agents advised and promised defendant that plaintiff would absorb the additional $45 per month of defendant's expense if defendant would continue to pay the full value of the rent and that plaintiff intended to sell the said property to defendant and that the sums accumulated at the rate of $45.00 per month would be credited against defendant's purchase of the said property and in any event, should it occur that plaintiff did not actually sell the premises to defendant, that plaintiff would settle with defendant giving him full credit for the loss of use of the dwelling ($45.00 per month) at such time as defendant ceased to rent the said farm from plaintiff.
'Each and every year after 1963 up to and including 1970, in the fall of the year plaintiff and defendant again agreed on a rental contract wherein plaintiff, each year, agreed to give defendant full credit (at $45.00 per month) for loss of use of the dwelling house and plaintiff further agreed that a full accounting and settlement would be had with defendant at such future time as plaintiff either sold the property to defendant or for other reason that defendant ceased to rent the said property from plaintiff.
'Plaintiff has repeatedly refused to sell said property to defendant and plaintiff would no longer rent said premises to defendant after the year 1971, the 1971 rental agreement having been made in the fall of the year 1970.
'Plaintiff has refused to settle with defendant as per her agreement and plaintiff is indebted to the defendant in the sum of $4,320.00.'
The trial judge, upon motion by the plaintiff for a summary...
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Mock v. Canterbury Realty Co.
...is pending, is appropriate, this court has significantly extended the Rubel rationale for reasons not apparent. In McDonald v. Parker, 134 Ga.App. 577, 215 S.E.2d 334, the trial court was faced with a suit involving a note for $3,000. McDonald admitted the note but urged partial satisfactio......
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Real Estate World, Inc. v. Southeastern Land Fund, Inc.
...fees on the note sued upon while defendant's counterclaim, which alleged a right of recovery was still pending. See McDonald v. Parker, 134 Ga.App. 577, 215 S.E.2d 334. While we cannot review the denial of the defendant's motion for summary judgment on its counterclaim in the absence of a c......
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