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MORTON &c. CO. v. MAGNOLIA WAREHOUSES

39297.

105 Ga. App. 536 (1962)

125 S.E.2d 102

MORTON REALTY COMPANY v. MAGNOLIA WAREHOUSES et al.

Court of Appeals of Georgia.

Decided March 12, 1962.

Attorney(s) appearing for the Case

Chas. W. Bergman, for plaintiff in error.

John E. Feagin, contra.

HALL, Judge.

1. On the former appeal of this case, Magnolia Warehouses of Alabama v. Morton Realty Co., 102 Ga.App. 697 (117 S.E.2d 552), it was held that facts in evidence "constituted a constructive eviction and authorized the tenant to vacate the premises and to refuse to pay rent after such premises were vacated." We find the evidence adduced at

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