RAINS INVESTMENT COMPANY, INC. v. GEORGE ROE & ASSOCIATES, INC.

53057.

140 Ga. App. 566 (1976)

231 S.E.2d 460

RAINS INVESTMENT COMPANY, INC. v. GEORGE ROE & ASSOCIATES, INC. et al.

Court of Appeals of Georgia.

Decided November 12, 1976.

Rehearing Denied November 29, 1976.


Attorney(s) appearing for the Case

Cofer, Beauchamp & Hawes, James H. Rollins, for appellant.

Gary C. Furin, for appellees.


DEEN, Presiding Judge.

We deal here with a usufruct, whereby the appellee-lessee received only the right to possess the leased premises in return for its covenant to pay rent. Code § 61-101. The appellee urges that the evidence compels a finding that it was constructively evicted from possession and has a defense therefore to the action for rent. We disagree.

Assuming without deciding that the "stipulation" is a covenant by the lessor not to rent to a...

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