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O.C.G.A. § 23-2-72 — Apportionment of contract, rent, or hire | Georgia Code
O.C.G.A. § 23-2-72 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 23 EQUITY

Section 2. Grounds for Equitable Relief, 23-2-1 through 23-2-136.

ARTICLE 4 ACCOUNTING OF CONTRIBUTION; APPORTIONMENT; SETOFF

23-2-72. Apportionment of contract, rent, or hire.

Apportionment of a contract or of rent or hire may, from peculiar circumstances rendering the common-law remedy incomplete, become the subject of equitable jurisdiction.

(Orig. Code 1863, § 3067; Code 1868, § 3079; Code 1873, § 3134; Code 1882, § 3134; Civil Code 1895, § 3993; Civil Code 1910, § 4590; Code 1933, § 37-305.)

JUDICIAL DECISIONS

Cited in Osborn v. Herron, 28 Ga. 313 (1859).

RESEARCH REFERENCES

C.J.S.

- 18 C.J.S., Contribution, § 1 et seq.

ALR.

- Right of owner of property to maintain bill for accounting against lien holder or pledgee, 79 A.L.R. 201.

Statute providing for apportionment between lessor and lessee of a tax imposed upon the producer of oil, gas, or other natural production as violation of the constitutional provision against impairment of the obligation of contracts, 160 A.L.R. 980.

Equity jurisdiction to determine valuation, where arbitration or appraisal has failed, under long-term lease providing for appraisal of premises and fixing rental value at stated intervals, 26 A.L.R.2d 744.

Validity, construction, and application of entirety clause in oil or gas lease, 48 A.L.R.3d 706.

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