Ridgway v. Bryant

• Decision Date: 24 January 1911
• Docket Number: (No. 2,650.)
• Citation: 70 S.E. 28,8 Ga.App. 564
• Parties: RIDGWAY. v. BRYANT.
• Court: Georgia Court of Appeals

70 S.E. 28

8 Ga.App. 564

RIDGWAY.

v.BRYANT.

(No. 2, 650.)

Court of Appeals of Georgia.

Jan. 24, 1911.

(Syllabus by the Court.)

1. Frauds, Statute of (§ 53^*)—Contract to be Performed Within One Year.

"A contract establishing the relation of landlord and tenant for one year, though made before the year begins, may be in parol." Stein-inger v. Williams, 63 Ga. 475.

[Ed. Note.—For other cases, see Frauds, Statute of, Cent. Dig. § 80; Dec. Dig. § 53.*]

2. Landlord and Tenant (§ 196*)—Holding Over After Term—Rights of Landlord.

Where a tenant, under a contract of tenancy from year to year, retains the possession after the expiration of the yearly period, the landlord has the'right of exercising the prompt option of treating him either as a tenant holding over or as a tenant for the ensuing year. Subsequent abandonment of the possession by the tenant, without the consent of the landlord, does not relieve the former from liability for the year's rent. Cavanaugh v. Clinch, 88 Ga. 610, 15 S. E. 673; Roberson v. Simons, 109 Ga. 300, 34 S. E. 604.

[Ed. Note.—For other cases, see Landlord and Tenant, Cent. Dig. § 737; Dec. Dig. § 196.*] 3. Certiorari (§ 57*)—Scope of Review.

Points made in the petition for certiorari, but not verified by the answer of the magistrate, are not properly before the court for decision.

[Ed. Note.—For other cases, see Certiorari, Cent. Dig. § 145; Dec. Dig. § 57.*]

Error from Superior Court, Franklin County; D. W. Meadow, Judge.

Action between G. T. Ridgway and B. E. Bryant. From the judgment, Ridgway brings error. Affirmed.

Adams & Brown, for plaintiff in error.

Dorough & Adams and S. B. Swilling, for defendant in error.

POWELL, J. Judgment affirmed.

*. For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes