"We fail to see how the operation of the lease will incur any pecuniary liability on the county or that it engages the county in a private business. It is a straight out ground lease for a fixed rental to be absorbed in part by valuable improvements which are to revert to the county upon the expiration of the lease. The fact that the rental is to be enhanced by a commission based upon the volume of business of the lessee does not make the county a party engaging in a business entailing upon it a profit and loss."
How later courts described this case
- "We fail to see how the operation of the lease will incur any pecuniary liability on the county or that it engages the county in a private business. It is a straight out ground lease for a fixed rental to be absorbed in part by valuable improvements which are to revert to the county upon the expiration of the lease. The fact that the rental is to be enhanced by a commission based upon the volume of business of the lessee does not make the county a party engaging in a business entailing upon it a profit and loss."
Written by the judges who cited it.
The opinion
On Rehearing.
ANDERSON, Chief Justice.
lA/e have considered and discussed. the only questions argued by counsel of. the respective parties to this cause. A ■ point, however, has been made, in brief amicus curiae, challenging the lease be-,. cause of the assumption.by the county of the payment of taxes, etc. Whether this is a question that relates to the power of the commission so as to be tested by the common law certiorari, we need not now determine as we do not feel it necessary or proper to decide points not made by the parties to the cause. We therefore leave that question open for decision when properly raised and presented.
Rehearing denied.
GARDNER, BOULDIN, and FOSTER, JJ., concur.