Turman v. MacLachlan

Supreme Court of Georgia

Turman v. MacLachlan

354 S.E.2d 825, 257 Ga. 69, 1987 Ga. LEXIS 687

CourtSupreme Court of Georgia

DecidedApril 9, 1987

Docket44147, 44148

StatusPublished

Cited by3 cases

This text of 354 S.E.2d 825 (Turman v. MacLachlan) 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

Turman v. MacLachlan, 354 S.E.2d 825, 257 Ga. 69, 1987 Ga. LEXIS 687 (Ga. 1987).

Pincite

Opinion

Weltner, Justice.

1. MacLachlan was tenant of a lease, which provided: “Should Tenant elect to exercise this option [to extend the rental contract for [70]*70a specified period of time], Tenant shall, not less than sixty days prior [to a specific date] . . . notify Landlord, his heirs or assigns, in writing of Tenant’s election.” MacLachlan claimed that she mailed notice of her intent to renew the lease in a timely manner. The landlord’s evidence was that no such notice was received. This latter being uncontroverted by direct evidence, the lease was not renewed, as a matter of law. Musgrove v. Long, 248 Ga. 902 (287 SE2d 23) (1982); TST, Ltd. v. Houston, 256 Ga. 679 (353 SE2d 26) (1987).

Decided April 9, 1987 Reconsideration denied May 6, 1987. Hatcher, Stubbs, Land, Hollis & Rothschild, James E. Humes II, Joseph L. Waldrep, William S. Cain, for appellants. Champion & Champion, Forrest L. Champion, Hirsch, Beil & Partin, Jacob Beil, Page, Scrantom, Harris & Chapman, Richard A. Marchetti, King & Spalding, Frank C. Jones, Michael R. Smith, for appellees.

2. The portion of MacLachlan’s evidence of an oral contract that was not barred by the Dead Man’s Statute is insufficient, in law, to establish an issue of fact relative to her demand for specific performance of an alleged right of first refusal. Wilson v. Nichols, 253 Ga. 84 (2) (316 SE2d 752) (1984).

3. The remaining enumerations of error entitle MacLachlan to no relief.

Case No. 44147. Judgment reversed.

All the Justices concur.

Case No. 44148. Judgment affirmed.

All the Justices concur.

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Weltner, Justice.

1. MacLachlan was tenant of a lease, which provided: “Should Tenant elect to exercise this option [to extend the rental contract for [70]*70a specified period of time], Tenant shall, not less than sixty days prior [to a specific date] . . . notify Landlord, his heirs or assigns, in writing of Tenant’s election.” MacLachlan claimed that she mailed notice of her intent to renew the lease in a timely manner. The landlord’s evidence was that no such notice was received. This latter being uncontroverted by direct evidence, the lease was not renewed, as a matter of law. Musgrove v. Long, 248 Ga. 902 (287 SE2d 23) (1982); TST, Ltd. v. Houston, 256 Ga. 679 (353 SE2d 26) (1987).

Decided April 9, 1987 Reconsideration denied May 6, 1987. Hatcher, Stubbs, Land, Hollis & Rothschild, James E. Humes II, Joseph L. Waldrep, William S. Cain, for appellants. Champion & Champion, Forrest L. Champion, Hirsch, Beil & Partin, Jacob Beil, Page, Scrantom, Harris & Chapman, Richard A. Marchetti, King & Spalding, Frank C. Jones, Michael R. Smith, for appellees.

2. The portion of MacLachlan’s evidence of an oral contract that was not barred by the Dead Man’s Statute is insufficient, in law, to establish an issue of fact relative to her demand for specific performance of an alleged right of first refusal. Wilson v. Nichols, 253 Ga. 84 (2) (316 SE2d 752) (1984).

3. The remaining enumerations of error entitle MacLachlan to no relief.

Case No. 44147. Judgment reversed.

All the Justices concur.

Case No. 44148. Judgment affirmed.

All the Justices concur.

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Bluebook (online)

354 S.E.2d 825, 257 Ga. 69, 1987 Ga. LEXIS 687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turman-v-maclachlan-ga-1987.

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