Opinion
44147, 44148.
DECIDED APRIL 9, 1987. RECONSIDERATION DENIED MAY 6, 1987.
Equity. Muscogee Superior Court. Before Judge Land.
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.
1. MacLachlan was tenant of a lease, which provided: "Should Tenant elect to exercise this option [to extend the rental contract for a 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 S.E.2d 23) (1982); TST, Ltd. v. Houston, 256 Ga. 679 ( 353 S.E.2d 26) (1987).
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 S.E.2d 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.