Strother Ford, Inc. v. First Nat. Bank of Atlanta

Decision Date26 May 1988
Docket NumberNo. 45540,45540
Citation258 Ga. 319,368 S.E.2d 489
PartiesSTROTHER FORD, INC. v. The FIRST NATIONAL BANK OF ATLANTA.
CourtGeorgia Supreme Court

Toby B. Prodgers, Marietta, for Strother Ford, Inc.

Stephen Knezo, Maley & Crowe, Atlanta, for First Nat. Bank of Atlanta.

WELTNER, Justice.

1. We granted certiorari to determine whether under the facts of this case a mechanic may impress a lien upon a leased automobile. The First National Bank of Atlanta v. Strother Ford, Inc., 186 Ga.App. 16, 366 S.E.2d 307 (1988).

2. The lease provides: "[Lessee is] responsible for the maintenance, servicing and repair of the Vehicle in accordance with the manufacturer's recommendations and as necessary to maintain the Vehicle in conformity with the Standards for Wear and Use. [Lessor is] not responsible for any maintenance or servicing of any kind whatsoever."

3. The lessor, having imposed upon the lessee a duty to maintain the automobile, may not now insist that the lessee lacked the authority to contract for necessary repairs. As power entails duty, so does responsibility import authority. See Miree v. United States of America, 242 Ga. 126, 132, 249 S.E.2d 573 (1978).

Judgment reversed.

All the Justices concur, except MARSHALL, C.J., who dissents.

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3 cases
  • First Nat. Bank of Atlanta v. Strother Ford, Inc.
    • United States
    • Georgia Court of Appeals
    • 11 Julio 1988
    ...the responsibility to maintain the automobile inherently entails the authority to contract for necessary repairs. Strother Ford v. First Nat. Bank, 258 Ga. 319, 368 S.E.2d 489. On July 11, 1988, we issued an opinion in this case remitting it to the trial court with the trial court's judgmen......
  • Georgia Insurers Insolvency Pool v. Elbert County
    • United States
    • Georgia Supreme Court
    • 1 Junio 1988
    ... ... Ekonomou, Teresa W. Pendergrast, Atlanta", for Georgia Insurers Insolvency Pool ...    \xC2" ... We do not agree ...         We first point out that OCGA § 33-36-3(2)(F) does not ... ...
  • Rivergate Corp. v. BCCP Enterprises, Inc., A90A1796
    • United States
    • Georgia Court of Appeals
    • 14 Febrero 1991
    ...costs of repair of a wrecked vehicle. The leasing company contends that the trial court misapplied Strother Ford, Inc. v. First Nat. Bank of Atlanta, 258 Ga. 319, 368 S.E.2d 489 (1988), and that there was no contract or tort basis for the suit. It further contends that the court's award of ......

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