79 Ind. App. 561 | Ind. Ct. App. | 1923
This is an action by appellant against appellee to recover an amount alleged to be due as rent. The complaint was answered by a general denial, after which the cause was submitted to the court for trial, resulting in a judgment for appellee. Appellant filed a motion for a new trial, which was overruled, and this action of the court constitutes the only error assigned on appeal.
Appellant contends that the decision of the court is not sustained by the evidence. We find the following to be the undisputed facts established thereby: Prior to September 11, 1916, the Home Realty Company, being the owner of a certain two story building in the city of Evansville, Indiana, leased the same to C. D. and Van Pickerill at $75 per month. C. D. Pickerill conducted a saloon on the ground floor for a time, but neither of the lessees made any use of the second story thereof. . On the above date said C. D. Pickerill sold his saloon business to appellant, and a partner, now deceased, named Price, and the lessees of said building attempted to transfer their said lease to them, but such transfer failed by reason of the refusal of the owner of the building to accept said Cozart and Price as tenants. However, said Cozart and Price, with the consent of the owner of said building, thereafter became sublessees of the whole of said building from said Pickerill and Pickerill, paying $75 per month as rent therefor. The Pick
Appellee cites the fact that said Cozart and Price knew that he was in possession of the premises in dispute, at the time they became sublessees thereof under said Pickerill and Pickerill, and contend that they took any interest they may have acquired as such sublessees, subject to the rights of appellee therein. We concur in this contention, and will now determine what such' rights were, under the law, as applied to the undisputed facts disclosed by the evidence. We find nothing which would warrant a finding that appellee had any contractual rights in the premises in dispute. His rights were clearly those of a licensee, and nothing more. However, it does not necessarily follow that he must yield up such rights and pay rent or be dispossessed, as it is well settled, that when a license has been executed by an expenditure of money, or has been given on a consideration paid, it is either irrevocable altogether or cannot be revoked without remuneration, the reason being that to permit a revocation without placing the other party in statu quo would be fraudulent and unconscionable. But, on the other hand, where this is not the case, a parol license to use the premises of another is revocable at the pleasure of the licensor, unless the license has been given for a valuable consideration, or money has been expended on the faith that it was to be perpetual or continuous. Chamberlin v. Meyers (1918), 68 Ind. App. 342, 120 N. E. 600, and cases cited.
For the reasons stated we conclude that the decision of the court is not sustained by the evidence, and a new trial should be granted. Judgment reversed with instructions to the trial court to sustain appellant’s motion for a new trial and further proceedings consistent with this opinion.