B-LEE'S SALES CO. v. SHELTON

53577.

141 Ga. App. 870 (1977)

234 S.E.2d 702

B-LEE'S SALES COMPANY, INC. v. SHELTON et al.

Court of Appeals of Georgia.

Decided April 7, 1977.


Attorney(s) appearing for the Case

Hurt & Pfeiffer, James W. Hurt, for appellant.

Roberts, Roberts & Rainwater, David N. Rainwater, for appellees.


QUILLIAN, Presiding Judge.

Plaintiffs filed a complaint for alleged rent due under a written ten-year lease for a service station which provided for a monthly rental of $1,500 and asserted defendants were in arrears in the amount of $23,000. Defendants' answer stated the written lease was "orally modified two times" as to the rental amount and by failing to evict defendants and accepting the lesser amounts plaintiffs waived their right to sue for any deficiency and...

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