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SMITHS' PROPERTIES, INC. v. RTM ENTERPRISES, INC.

62499.

160 Ga. App. 102 (1981)

286 S.E.2d 334

SMITHS' PROPERTIES, INC. v. RTM ENTERPRISES, INC.

Court of Appeals of Georgia.

Decided October 20, 1981.

Attorney(s) appearing for the Case

Mark A. Smith III, for appellant.

Philip S. Coe, F. Carlton King, Jr., for appellee.

DEEN, Presiding Judge.

RTM Enterprises leased a building from Smiths' Properties which was constructed according to appellee's specifications for use as an Arby's Restaurant. The lease was for a twenty-year period with an option permitting RTM to extend for three additional periods of five years each upon the same terms and conditions. On August 3, 1979, Smiths' filed a dispossessory warrant seeking to regain possession of the property alleging "that tenant is holding...

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