McLellan Stores Co. v. Rollins

Supreme Court of Georgia

McLellan Stores Co. v. Rollins

143 S.E. 369, 166 Ga. 378, 1928 Ga. LEXIS 310

CourtSupreme Court of Georgia

DecidedMay 17, 1928

DocketNo. 6163

StatusPublished

This text of 143 S.E. 369 (McLellan Stores Co. v. Rollins) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McLellan Stores Co. v. Rollins, 143 S.E. 369, 166 Ga. 378, 1928 Ga. LEXIS 310 (Ga. 1928).

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Opinion

Hill, J.

Where an equitable suit was brought by two of three joint lessees against the lessor, to compel specific performance of the lease contract, and to recover damages for a breach of the contract by >tlie lessor and the third lessee, who, as the petition, alleged, had been released from the contract by the lessor without the consent of the plaintiff lessees, and it was further alleged that the lessor refused to give possession of the leased premises to the plaintiffs (who were not released), unless they would pay the full contract price of the premises leased, such petition was demurrable where the third or released lessee was not made a party to the suit. Williams v. Shuman, 141 Ga. 114 (3) (80 S. E. 625). The judgment overruling the demurrer is therefore reversed; but direction is given, that, before the remittitur is made the judgment of the court below, the plaintiffs be permitted to amend by making the third lessee a party defendant; and if this amendment is made, then, after all the proper parties are made, the court may consider and pass upon the other grounds of demurrer.

Judgment reversed, with direction.

All the Justices concur. B. P. Gaillctrd Jr., for plaintiff in error. J. G. Collins, contra.

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Hill, J.

Where an equitable suit was brought by two of three joint lessees against the lessor, to compel specific performance of the lease contract, and to recover damages for a breach of the contract by >tlie lessor and the third lessee, who, as the petition, alleged, had been released from the contract by the lessor without the consent of the plaintiff lessees, and it was further alleged that the lessor refused to give possession of the leased premises to the plaintiffs (who were not released), unless they would pay the full contract price of the premises leased, such petition was demurrable where the third or released lessee was not made a party to the suit. Williams v. Shuman, 141 Ga. 114 (3) (80 S. E. 625). The judgment overruling the demurrer is therefore reversed; but direction is given, that, before the remittitur is made the judgment of the court below, the plaintiffs be permitted to amend by making the third lessee a party defendant; and if this amendment is made, then, after all the proper parties are made, the court may consider and pass upon the other grounds of demurrer.

Judgment reversed, with direction.

All the Justices concur. B. P. Gaillctrd Jr., for plaintiff in error. J. G. Collins, contra.

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Bluebook (online)

143 S.E. 369, 166 Ga. 378, 1928 Ga. LEXIS 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclellan-stores-co-v-rollins-ga-1928.

Opinion

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