Spacemaker, Inc. v. Borochoff Properties, Inc., 41340
| Decision Date | 05 October 1965 |
| Docket Number | No. 41340,No. 3,41340,3 |
| Parties | SPACEMAKER, INC., et al. v. BOROCHOFF PROPERTIES, INC |
| Court | Georgia Court of Appeals |
Syllabus by the Court
1. (a) In order to establish a breach of covenany by a lessee to surrender the demised premises at the termination of the lease in as good condition as when received, it is essential that the plaintiff lessor prove with reasonable certainty and specificity the condition of the premises, or the portions of them in question, both at the inception and at the termination of the tenancy, or that he show specific acts of waste or damage the results of which at the end of the term had not been repaired.
(b) The measure of damages is the reasonable cost of restoring the demised premises to the condition contemplated by the covenant.
(c) The plaintiff lessor must establish the reasonable cost of restoration in relation to the specific injuries proved.
(d) The verdict in this case was not warranted by the evidence.
Borochoff Properties, Inc., sued out an attachment against Al Fedell and Spacemaker, Inc. After execution of the attachment, defendants replevied the property levied upon by giving bond. Plaintiff then filed its declaration in attachment, which as subsequently amended stated the following allegations:
'That the defendants leased from the plaintiff premises known as 3707 Ponce de Leon Avenue, Scottdale, Georgia, and upon the termination of the lease on or about May, 1963, defendants removed certain fixtures belonging to the plaintiff and disposed of the same, which consisted of eleven (11) exhaust fans, three (3) skylights, four (4) floor grates, eighty-seven (87) squares of corrugated metal roof, two (2) wall mirrors all as shown on Exhibit 'A' attached hereto and made a part hereof. * * *
'That in addition to removing said fixtures, defendants caused extensive damage to be inflicted upon the premises, housing a building and warehouse on said premises, consisting of floors, walls and ceilings and electrical wiring, all as shown on Exhibit 'A' attached hereto and made a part hereof. * * *
'That in addition thereto, defendants left without paying the DeKalb County water bill in the amount of $602.21; the defendants caused glass panes to be broken on the premises requiring plaintiff to repair the same at a cost of $80.22; and defendants caused the building to be left in such a state of filth and shambles that plaintiff incurred cleaning expenses for labor in the sum of $2,359.71, as shown by Exhibit 'B' attached hereto and made a part hereof. * * *
'That because of the damage heretofore caused by defendants to the property of the plaintiff, defendants have injured and damaged the plaintiff in the sum of $17,525.24.'
After a trial of the case in which the judge determined all issues of law and fact without intervention of a jury, the court entered a general judgment for plaintiff in the amount of $8,600.
Defendants except to the trial court's judgment overruling their demurrers to the amended declaration and to the judgment denying their motion for new trial.
John E. Dougherty, Atlanta, for plaintiffs in error.
Westmoreland, Hall & Pentecost, Harry P. Hall, Jr., Atlanta, for defendant in error.
1. This action was treated by the parties and the court below as an action for damages for breach of covenants in the lease agreement between plaintiff and defendants. The express covenants upon which recovery is sought were not alleged but were supplied by plaintiff's introducing into evidence, without objection, the written lease contract. The express covenants provided:
'As a general rule, where...
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Western Geophysical Co. of America v. Rowell
...as to repair costs could be considered as having probative value, it is insufficient to meet the tests of Spacemaker, Inc. v. Borochoff Properties, 112 Ga.App. 512, 145 S.E.2d 740 and Zeeman Mfg. Co. v. L. R. Sams Co., 123 Ga.App. 99, 179 S.E.2d 552. In brief, those cases hold that where pl......
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Zeeman Mfg. Co. v. L. R. Sams Co., 45748
...or damage alleged and the reasonable cost of restoration in relation to the specific injuries shown. Spacemaker, Inc. v. Borochoff Properties, Inc., 112 Ga.App. 512, 145 S.E.2d 740. Appellants-lessees, in their brief, have taken upn each separate item of damage claimed and have asserted tha......
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S. Star Enter. Corp. v. Mcdonald Windward Partners, L.P.
...Constr. v. Brigham , 271 Ga. App. 128, 608 S.E.2d 732 (2004) (citations and punctuation omitted).3 Spacemaker, Inc. v. Borochoff Properties , 112 Ga. App. 512, 514 (1), 145 S.E.2d 740 (1965) (emphasis supplied).4 See Abernethy v. Cates , 182 Ga. App. 456, 457-458 (1), 356 S.E.2d 62 (1987).5......
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Abernethy v. Cates, 73472
...specific acts of waste or damage the results of which at the end of the term had not been repaired." Spacemaker, Inc. v. Borochoff Properties, 112 Ga.App. 512, 514, 145 S.E.2d 740 (1965). (Emphasis supplied). If it is shown that the tenant's actions resulted in such gross and extensive inju......