Littman v. Suburban Opticians

Marshall, Justice.

The defendant landlord appeals from the grant of an interlocutory injunction to the plaintiff tenant. The facts and evidence relevant to this appeal are as follows:

In October, 1975, Drs. Irving T. Staley, Gerald E. Sanders and Richard M. Brown, a partnership d/b/a Suburban Opticians, leased Suite 102 in the Smyrna Medical Building from five individuals, as landlord. After the death of Dr. Brown on February 12, 1976, Dr. Staley purchased from the executrix of the estate all of Dr. Brown’s interest in the partnership. On April 23, 1976, Dr. Staley filed with the Clerk of Cobb…