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HARDEMAN v. HENDRIX

No. 5468.

29 F.2d 738 (1928)

HARDEMAN et al. v. HENDRIX. In re GEORGIA REALTY CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1929.

Attorney(s) appearing for the Case

George Starr Peck, of Atlanta, Ga., for appellants.

Orville A. Park, of Macon, Ga. (Carl N. Davie, of Atlanta, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

In a lease of improved city real estate, executed in 1923 for a term of 50 years, which reserved a stipulated monthly rental, the lessee, Georgia Realty Company, agreed to pay, "as a part of the rental of said property," all taxes and assessments for sidewalks, paving, etc., during the term of the lease. The realty company failed to pay taxes for the years 1925 and 1926, and a sidewalk assessment which accrued in 1925, and was adjudged a bankrupt...

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