OVERSTREET v. RHODES

19315.

212 Ga. 521 (1956)

93 S.E.2d 715

OVERSTREET v. RHODES et al.

Supreme Court of Georgia.

Decided July 9, 1956.

Rehearing Denied July 24, 1956.


Attorney(s) appearing for the Case

Wm. G. Grant, Robert W. Spears, for plaintiff in error.

T. Charles Allen, Fisher, Phillips & Allen, contra.


CANDLER, Justice.

(After stating the foregoing facts.) As shown by our statement of the case, the defendant admitted a prima facie case in the plaintiff's favor, and affirmatively pleaded constructive eviction from the rented building resulting from the landlord's failure to keep it in a proper state of repair as it was his duty to do under the rent contract. A rented building becomes untenantable and the tenant is constructively evicted therefrom and thereafter relieved...

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