Brown v. Eoff

This is a suit in equity to establish plaintiffs’ right to use a roadway across defendants’ land for access to plaintiffs’ warehouse. The trial court found that plaintiffs possess an irrevocable license and awarded damages for payments made by plaintiffs to defendants to prevent interference with access. The defendants appeal, seeking- to have the matter tried anew on the record. ①

The record reveals that during the latter part of 1967, plaintiff and defendant ② began negotiating for the purchase by plaintiffs from defendants of approximately two acres situated at the corner of Madison and…