TaiLexi AI U.S. Case Law

Cassel v. Randall

Cassel & Sister v. Randall

Cassel v. Randall, 73 S.E. 858 (Ga. Ct. App. 1912)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals of Georgia · State Appellate Courts
Decided
January 15, 1912
Docket
No. 3438
Judges
Hill
Citations
73 S.E. 85810 Ga. App. 5871912 Ga. App. LEXIS 621
Summary
Action for damages; from city court of Macon — Judge Hodges.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hill

Text extracted by OCR from a scanned original; check the original for exact wording.

Hill, C. J.

Where the plaintiff’s evidence shows that letters were written and duly mailed, properly addressed to the defendant, a presumption arises that they were received. This presumption is rebuttable, and is entirely overcome by the uncontradicted evidence of the defendant that the letters were never received. Hamilton v. Stewart, 108 Ga. 476 ( 34 S. E. 123 ), and citations.

2. The duty of the landlord to make repairs does not arise until he has knowledge of defects. The tenant, being in possession, must notify the *588 landlord of the need for repairs. Dougherty v. Taylor & Norton Co., 5 Ga. App. 776 ( 63 S. E. 928 ); Ocean Steamship Co. v. Hamilton, 112 Ga. 901 ( 38 S. E. 204 ) ; White v. Montgomery, 58 Ga. 204 .

Decided January 15, 1912. Rehearing denied February 27, 1912. Action for damages; from city court of Macon — Judge Hodges. March 26, 1911. R. S. Wimberly, for plaintiffs. Lane & Park, for defendant.

3. Where the tenant and the landlord live in different cities, and the custom during the tenancy, for several years, has been for the tenant to make needed repairs and charge the cost of the repairs in the settlement of rent, the landlord has the right to assume that this custom will continue during the tenancy, unless expressly notified by the tenant to the contrary.

4. The uncontradicted evidence in this case showing that the landlord did not know of the necessity for making the 'repairs, and that the tenant had been in the habit, for several years, of making all needed repairs on the premises and deducting the costs therefor from the rent, which, practice had been acquiesced in by the landlord, and the landlord had • not been informed by the tenant of any discontinuance of such practice, the landlord was not liable for any damage to the property of the tenant caused by want of repairs; and a nonsuit was properly awarded.

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1914: 21916: 11919: 11920: 11922: 11938: 11940: 11942: 11947: 11968: 119142026peak 1914 · 2

Relies on it most ⓘ

  1. Sullivan Enterprises, Inc. v. Stockton164 S.E.2d 336 (Ga. Ct. App. 1968)
  2. Rawleigh Medical Co. v. Burney102 S.E. 358 (Ga. Ct. App. 1920)
  3. Parker v. Southern Ruralist Co.83 S.E. 158 (Ga. Ct. App. 1914)
  4. Strauss Bros. v. Pearlman82 S.E. 578 (Ga. Ct. App. 1914)
  5. Rowntree Bros. v. Bush111 S.E. 217 (Ga. Ct. App. 1922)
  6. Lowenstein v. Johnston98 S.E. 111 (Ga. Ct. App. 1919)

Most recent

  1. Sullivan Enterprises, Inc. v. Stockton164 S.E.2d 336 (Ga. Ct. App. 1968)
  2. Clay v. Howington41 S.E.2d 571 (Ga. Ct. App. 1947)
  3. Thomson v. Avery21 S.E.2d 331 (Ga. Ct. App. 1942)
  4. H. J. Heinz Company v. Fortson8 S.E.2d 443 (Ga. Ct. App. 1940)
  5. E. Frederics Inc. v. Felton Beauty Supply Co.198 S.E. 324 (Ga. Ct. App. 1938)
  6. Rowntree Bros. v. Bush111 S.E. 217 (Ga. Ct. App. 1922)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Ocean S.S. Co. v. Hamilton, 38 S.E. 204 (Ga. 1901) 39
Hamilton & Co. v. Stewart, 34 S.E. 123 (Ga. 1899) 29
Dougherty v. Taylor & Norton Co., 63 S.E. 928 (Ga. Ct. App. 1909) 21
J. B. White & Co. v. Montgomery, 58 Ga. 204 (1877) 43

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list