107 Ga. 747 | Ga. | 1899
Ainslie and Almand entered into a written •contract under seal, whereby Ainslie granted to Almand permission to erect a storehouse upon the land of Ainslie, and .agreed that Almand should have the use of the property, free •of rent, so long as he desired to use it, and that when Almand “and his successors” failed to use it as a business-house Almand should have the privilege of selling or removing the building. Relying upon this agreement, Almand erected a store upon the land and carried on his business therein for some time. Subsequently he conveyed his right or privilege to Eason & Waters, who succeeded him in the business and carried it on in the store he had erected. Subsequently to the agreement between Ainslee and Almand and subsequently to the erection of the building by the latter, the former sold his land to his wife. Mrs. Ainslee undertook to erect a fence around three sides of the store, but Eason & Waters interfered and prevented its erection by tearing down such parts of it as were put up. Mrs. Ainslee thereupon filed her equitable petition, praying an injunction against Eason & Waters to prevent their interference with the fence which she undertook to build. She claimed that the agreement entered into between her husband, her predecessor in title, and Almand, amounted •only to a personal license, and that Almand had no right to assign it. She further claimed that Eason & Waters were trespassers upon her land, because when Almand sold his interest to them the license was thereby revoked.
Judgment affirmed.