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DAVID ENTERPRISES v. KINGSTON ATLANTA

A93A0882.

211 Ga. App. 108 (1993)

438 S.E.2d 90

DAVID ENTERPRISES, INC. et al. v. KINGSTON ATLANTA PARTNERS.

Court of Appeals of Georgia.

Reconsideration Denied November 23, 1993.

Attorney(s) appearing for the Case

Graham G. McMurray, for appellants.

Pursley, Howell, Lowery & Meeks, John R. Lowery, for appellee.

POPE, Chief Judge.

Tenant/defendant David Enterprises, Inc. operates a restaurant in an office building owned by landlord/plaintiff Kingston Atlanta Partners. The premises are leased pursuant to a written lease entered into between the tenant and the landlord's predecessor in interest. The landlord filed an affidavit for distress warrant alleging the tenant owed rent. The tenant answered and denied the landlord's claim and raised a counterclaim for damages for breach...

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