White v. Legodais

Decision Date23 September 1982
Docket NumberNo. 38743,38743
Citation295 S.E.2d 99,249 Ga. 849
PartiesFrank M. WHITE, Jr. v. Thomas LEGODAIS.
CourtGeorgia Supreme Court

A. Quillian Baldwin, Jr., Mattox & Baldwin, LaGrange, for Frank M. white, jr.

H. J. Thomas, LaGrange, for Thomas Legodais.

GREGORY, Justice.

This is an appeal from the issuance of a permanent injunction which prevents appellant from placing a dwelling which he describes as a "modular home" on his property in the Indian Bend Subdivision because of Covenants and Restrictions against "mobile homes" in that subdivision. Because we believe that the trial judge did not abuse his discretion in issuing the injunction, we affirm.

1. The first question is whether the restrictive covenant at issue here is too vague and indefinite to be enforced. The trial court found that the covenant was sufficiently specific to be enforced, and we agree.

Section A-8 of the subdivision's restrictions reads as follows: "No mobile home or structure of a temporary character, trailer, basement, tent, shack, barn, or garage, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently."

Appellant argues that this language is too vague and indefinite to be enforced, based on our case of the City of Woodstock v. Boddy, et al., 240 Ga. 477, 241 S.E.2d 236 (1978). In that case, we affirmed the trial court's ruling that the definition of "mobile home" in a new comprehensive zoning ordinance was vague, indefinite, uncertain and unenforceable. The ordinance at issue defined a mobile home simply as a "vehicle or portable structure used for dwelling or sleeping purposes." This included definition rendered the ordinance too vague and indefinite to be enforceable.

Here we are dealing with a restrictive covenant for a subdivision, a private agreement between contracting parties as opposed to the city ordinance in City of Woodstock. It uses the term "mobile home" but does not attempt to define it. We will not strike this restrictive covenant as being too vague and indefinite simply because the phrase "mobile home" is not therein defined. Instead, we will examine those words in light of our rules regarding construction of covenants to determine if any meaning can be attached to them.

"Covenants are to be so construed as to carry into effect the intention of the parties, which is to be collected from the whole instrument, and the circumstances surrounding its execution." Dooley v. Savannah Bank & Trust Co., 199 Ga. 353, 357, 34 S.E.2d 522 (1945); Atlanta, Knoxville & C. Ry. Co. v. McKinney, 124 Ga. 929(3), 53 S.E. 701 (1905). When the subdivider's intent in drafting a restriction on the use of property conveyed clearly appears, such intent will be followed. Bales v. Duncan, 231 Ga. 813, 204 S.E.2d 104 (1974); Reid v. Standard Oil Co., 107 Ga.App. 497, 130 S.E.2d 777 (1963).

The instrument and the circumstances in this case show what the developer who drafted the restrictive covenants intended the words "mobile home" to mean. The trial judge was authorized to find that the developer used the words "mobile home" in their common everyday sense and specifically intended to include those dwellings which are frequently referred to as "double-wide trailers." In the context of this restrictive covenant, the words "mobile home" are not so vague or indefinite as to render the covenant unenforceable.

2. Next, we must consider whether the trial court erred in holding that appellant's dwelling was a mobile home rather than a "modular home." This determination involved both questions of law and fact and can only be overturned in the event of manifest abuse of discretion. Lawrence v. Harding, 225 Ga. 148(2), 166 S.E.2d 336 (1969). We find no such abuse here.

The dwelling at issue here was a Darlington Debonair Model 302, purchased from American Discount Mobile Homes, Inc. The purchase agreement between White and American Discount, the manufacturer's Warranty and Owner's Manual, and the accompanying...

To continue reading

Request your trial
11 cases
  • Stuttering Found., Inc. v. Glynn Cnty.
    • United States
    • Georgia Supreme Court
    • 19 Junio 2017
    ...be collected from the whole instrument, and the circumstances surrounding its execution.’ " (Citation omitted.) White v. Legodais , 249 Ga. 849, 849 (1), 295 S.E.2d 99 (1982). See also Charter Club on River Home Owners Assn. v. Walker , 301 Ga. App. 898, 900-901, 689 S.E.2d 344 (2009) (when......
  • Poythress v. Wilkins
    • United States
    • Georgia Court of Appeals
    • 11 Septiembre 1995
    ...mobile homes by their plain and ordinary meaning. See City of Cordele v. Hill, 250 Ga. 628, 300 S.E.2d 161 (1983); White v. Legodais, 249 Ga. 849, 850(2), 295 S.E.2d 99 (1982); Fayette County v. Seagraves, 245 Ga. 196, 197, 264 S.E.2d 13 (1980); Kirk v. Lithonia Mobile Homes, 181 Ga.App. 53......
  • Roberts v. Lee
    • United States
    • Georgia Court of Appeals
    • 22 Febrero 2008
    ...of law and fact and can only be overturned in the event of manifest abuse of discretion." (citation omitted.) White v. Legodais, 249 Ga. 849, 850(2), 295 S.E.2d 99 (1982). See Sissel v. Smith, 242 Ga. 595, 597(3), 250 S.E.2d 463 (1978) ("whether ... restrictive covenant prevents the inciden......
  • Vester v. Banks, A02A1327.
    • United States
    • Georgia Court of Appeals
    • 9 Agosto 2002
    ...foundation at the site for residential use. This is not so vague or indefinite as to be unenforceable. See White v. Legodais, 249 Ga. 849-850(1), 295 S.E.2d 99 (1982). Since Vester's home unquestionably meets this description, the restrictive covenants prohibit it, and the trial court did n......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT