HIGHTOWER v. DANIEL

54161.

143 Ga. App. 217 (1977)

237 S.E.2d 688

HIGHTOWER v. DANIEL.

Court of Appeals of Georgia.

Decided September 7, 1977.


Attorney(s) appearing for the Case

George H. Freisem, III, for appellant.

John C. Tyler, for appellee.


BELL, Chief Judge.

Plaintiff who had leased his house to defendant brought this suit for rent.

The trial court after making findings of fact, concluded as a matter of law that defendant had established the affirmative defense of constructive eviction and a judgment for defendant was entered. Held:

Two essential elements must be shown to establish the defense of constructive eviction. They are: (1) That the landlord in consequence of his failure...

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