SPACEMAKER, INC. v. BOROCHOFF PROPERTIES, INC.

41340.

112 Ga. App. 512 (1965)

145 S.E.2d 740

SPACEMAKER, INC. et al. v. BOROCHOFF PROPERTIES, INC.

Court of Appeals of Georgia.

Rehearing Denied October 22, 1965.


Attorney(s) appearing for the Case

John E. Dougherty, for plaintiffs in error.

Westmoreland, Hall & Pentecost, Harry P. Hall, Jr., contra.


BELL, Presiding Judge.

1. This action was treated by the parties and the court below as an action for damages for breach of covenants in the lease agreement between plaintiff and defendants. The express covenants upon which recovery is sought were not alleged but were supplied by plaintiff's introducing into evidence, without objection, the written lease contract. The express covenants provided: "Lessee shall pay water...

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