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Strother Ford, Inc. v. First National Bank of Atlanta

Supreme Court of Georgia
May 26, 1988
368 S.E.2d 489 (Ga. 1988)

Opinion

45540.

DECIDED MAY 26, 1988. RECONSIDERATION DENIED JUNE 14, 1988.

Certiorari to the Court of Appeals of Georgia — 186 Ga. App. 16.

Toby B. Prodgers, for appellant.

Maley Crowe, Stephen J. Knezo, for appellee.


1. We granted certiorari to determine whether under the facts of this case a mechanic may impress a lien upon a leased automobile. First Nat. Bank of Atlanta v. Strother Ford, 186 Ga. App. 16 ( 366 S.E.2d 307) (1988).

2. The lease provides:

[Lessee is] responsible for the maintenance, servicing and repair of the Vehicle in accordance with the manufacturer's recommendations and as necessary to maintain the Vehicle in conformity with the Standards for Wear and Use. [Lessor is] not responsible for any maintenance or servicing of any kind whatsoever.

3. The lessor, having imposed upon the lessee a duty to maintain the automobile, may not now insist that the lessee lacked the authority to contract for necessary repairs. As power entails duty, so does responsibility import authority. See Miree v. United States, 242 Ga. 126, 132 ( 249 S.E.2d 573) (1978).

Judgment reversed. All the Justices concur, except Marshall, C. J., who dissents.


DECIDED MAY 26, 1988 — RECONSIDERATION DENIED JUNE 14, 1988.


Summaries of

Strother Ford, Inc. v. First National Bank of Atlanta

Supreme Court of Georgia
May 26, 1988
368 S.E.2d 489 (Ga. 1988)
Case details for

Strother Ford, Inc. v. First National Bank of Atlanta

Case Details

Full title:STROTHER FORD, INC. v. FIRST NATIONAL BANK OF ATLANTA

Court:Supreme Court of Georgia

Date published: May 26, 1988

Citations

368 S.E.2d 489 (Ga. 1988)
368 S.E.2d 489

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