Chamblee-Camp Gordon Water, Light & Power Co. v. Flowers
Chamblee-Camp Gordon Water, Light & Power Co. v. Flowers
Opinion of the Court
The court properly overruled the demurrer to count 1. The court properly ruled that under the allegations of both counts the plaintiff was restricted in his recovery “to such amount or amounts as may have accrued within the four-year period next before the filing of this suit.” The court did not err in overruling that portion of the special demurrer which called on the plaintiff to allege the date of the agreement. The petition alleged that the parol agreement was made for rental to become due for the year 1933, and for an annual rental in the amount of the taxes which the City of Chamblee would assess against the property for each of the years the defendant used the property. We are of the opinion that the court did not err in overruling the special demurrer as to the date the paTol contract was made, or as to when the rent was due. Ordinarily, under a special demurrer calling for such information, it would have been error for the court to overrule the demurrer. City Council of Augusta v. Marks, 124 Ga. 365 (52 S. E. 539); Williams v. Bernath, 61 Ga. App. 350 (6 S. E. 2d, 184). However, under the facts of this case the judge did not err in this respect.
It will be observed that the defendant is alleged to be a corporation. A corporation can act only through its officers and agents. It will be observed that the parol agreement was one of tenancy beginning in 1933. The defendant specifically calls for the name of the person who the plaintiff claims was representing the corpo
Count 2 of the petition is based on an implied contract to pay rent for the use of the realty described. The judgment restricted recovery to a period of time within the statute of limitations. If the evidence should show that the defendant used the plaintiff’s land as alleged in count 2, he would be entitled to recover a reasonable rental therefor, the amount to be determined by the jury. Rome Railroad Co. v. Chattanooga &c. R. Co., 94 Ga. 422 (21 S. E. 69).
All other questions raised by the demurrer are matters of defense. Code, § 61-103. The court did not err in overruling, the demurrer to count 2.
Judgment reversed as to count 1, and affirmed as to count 2.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.