tenant claim (Georgia) · Go Syfert
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tenant claim in Georgia

5 Georgia opinions name it 2 courts 1908–2015 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Paul v. Sharpegreen
gactapp · 1987 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015Compare Paul, supra, 181 Ga. App. at 444-445 (1) (child visiting an apartment complex was an invitee when injured on a bridge that was one of two means of ingress to the apartment complex).

2015(Citation and punctuation omitted.) Paul, supra, 181 Ga. App. at 445 (1).

11
Stern's Gallery of Gifts, Inc. v. Corporate Property Investors, Inc.green
gactapp · 1985 · cited in 1 Georgia opinions naming this issue, 1991–1991
2 sentences

1991The trial court has the responsibility to interpret lease provisions, such as this, as "`(t)he construction of the provisions of (a) lease ... is generally (a question) for the court to determine as a matter of law.' [Cits.] As a general rule the provisions of a contract will be construed against the draftsman, and those of a lease will be construed against the lessor. [Cits.] Where the language of a contract is clear, unambiguous, and capable of only one reasonable interpretation, no construction is necessary or even permissible." Stern's Gallery v. Corporate Property &c., 176 Ga. App. 586, 5

1991The trial court has the responsibility to interpret lease provisions, such as this, as "`(t)he construction of the provisions of (a) lease ... is generally (a question) for the court to determine as a matter of law.' [Cits.] As a general rule the provisions of a contract will be construed against the draftsman, and those of a lease will be construed against the lessor. [Cits.] Where the language of a contract is clear, unambiguous, and capable of only one reasonable interpretation, no construction is necessary or even permissible." Stern's Gallery v. Corporate Property &c., 176 Ga. App. 586, 5

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Daniell v. Collins green
ga · 1966
2 sentences

1978Equity will not relieve the parties from such sham agreements.” In Daniell v. Collins, 222 Ga. 1 ( 148 SE2d 295 ) (1966), plaintiff sued for cancellation of a deed which he had granted to the defendant, his former tenant, so as to enable the tenant to claim a homestead exemption and *98 thereby reduce the taxes due on the property.

1978Equity will not relieve the parties from such sham agreements.” In Daniell v. Collins, 222 Ga. 1 ( 148 SE2d 295 ) (1966), plaintiff sued for cancellation of a deed which he had granted to the defendant, his former tenant, so as to enable the tenant to claim a homestead exemption and *98 thereby reduce the taxes due on the property.

11978–1978
Miller v. Smythe green
ga · 1893
2 sentences

1934Smythe, 92 Ga. 154 ( 18 S. E. 46 ), where it was held that “Where a trustee legally and rightfully assumes in his representative capacity the relation of landlord, he is liable, in that capacity, to answer to the tenant for the violation of any duty which the general law attaches as an incident to that relation.

1934Smythe, 92 Ga. 154 ( 18 S. E. 46 ), where it was held that “Where a trustee legally and rightfully assumes in his representative capacity the relation of landlord, he is liable, in that capacity, to answer to the tenant for the violation of any duty which the general law attaches as an incident to that relation.

11934–1934
Insurance & Law Building Co. v. National Bank green
mo · 1879
1 sentence

1908Long v. Stafford, 103 N. Y. 274 ( 8 N. E. 522, 525 ); Insurance Co. v. National Bank, 71 Mo. 58 .

11908–1908
Long v. . Stafford green
ny · 1886
2 sentences

1908Long v. Stafford, 103 N. Y. 274 ( 8 N. E. 522, 525 ); Insurance Co. v. National Bank, 71 Mo. 58 .

1908Long v. Stafford, 103 N. Y. 274 ( 8 N. E. 522, 525 ); Insurance Co. v. National Bank, 71 Mo. 58 .

11908–1908

Where else courts name it

NY 76 (1850–2026) NJ 14 (1952–2021) TX 11 (1902–2024) CA 11 (1880–2025) IL 11 (1919–2023) PA 10 (1901–2023) DC 8 (1943–2024) MA 6 (1892–2012) CT 6 (1881–2017) AZ 6 (1970–2018) IN 6 (1909–2013) MD 5 (1966–2020) FL 5 (1987–2016) IA 5 (1901–2009) OK 5 (1907–2019) GA 5 (1908–2015) WA 4 (1901–2016) MO 4 (1895–2000) OH 4 (1983–2016) VT 4 (2003–2025) NM 3 (1990–2022) UT 3 (2001–2019) PR 2 (1957–1962) OR 2 (1880–2007) SC 2 (1930–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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