Starling v. Shaw

Supreme Court of Georgia

Starling v. Shaw

105 S.E. 299, 150 Ga. 700, 1920 Ga. LEXIS 300

CourtSupreme Court of Georgia

DecidedDecember 14, 1920

DocketNo. 1851

StatusPublished

Cited by6 cases

This text of 105 S.E. 299 (Starling v. Shaw) 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

Starling v. Shaw, 105 S.E. 299, 150 Ga. 700, 1920 Ga. LEXIS 300 (Ga. 1920).

Pincite

Opinion

Atkinson, J.

1. Where a lease oí lands contains a clause providing that the lessee, its successors, and assigns are to have the use of the timber upon the lands leased, “ including the right to cut and remove the same from said lands within seven years from date, after which time said lease may be extended by payment of 25 cents per acre per year,” it is essential to the right of the lessee or its assigns that the option should be exercised before the expiration of the term stated in the lease or immediately upon its expiration, and that the amount stipulated as a consideration for a continuance of the lease should be paid. Shaw v. Bray, 147 Ga. 507 (94 S. E. 1008).

(a) As to construction of the words “immediately upon its expiration,” as employed above, see Hawkins v. Stoddard, 130 Ga. 727 (71 S. E. 1112).

(}>) On the trial the controlling questions for determination by the jury were whether a tender was made in accordance with the ruling above announced, and, if no tender was so made, whether the lessor waived tender by evading it. Under the evidence submitted the jury was authorized to find that such tender was not . made, and to render a verdict in behalf of the plaintiffs.

2. The refusal of a new trial was not error.

Judgment affirmed.

All the Justices concur.

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Atkinson, J.

1. Where a lease oí lands contains a clause providing that the lessee, its successors, and assigns are to have the use of the timber upon the lands leased, “ including the right to cut and remove the same from said lands within seven years from date, after which time said lease may be extended by payment of 25 cents per acre per year,” it is essential to the right of the lessee or its assigns that the option should be exercised before the expiration of the term stated in the lease or immediately upon its expiration, and that the amount stipulated as a consideration for a continuance of the lease should be paid. Shaw v. Bray, 147 Ga. 507 (94 S. E. 1008).

(a) As to construction of the words “immediately upon its expiration,” as employed above, see Hawkins v. Stoddard, 130 Ga. 727 (71 S. E. 1112).

(}>) On the trial the controlling questions for determination by the jury were whether a tender was made in accordance with the ruling above announced, and, if no tender was so made, whether the lessor waived tender by evading it. Under the evidence submitted the jury was authorized to find that such tender was not . made, and to render a verdict in behalf of the plaintiffs.

2. The refusal of a new trial was not error.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

105 S.E. 299, 150 Ga. 700, 1920 Ga. LEXIS 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/starling-v-shaw-ga-1920.

Opinion

2. The refusal of a new trial was not error.

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