Smith v. Jensen
Supreme Court of Georgia
Injunction. Before Judge Humphries. Fulton superior court. May 31, 1923. William Markham formerly owned the building known as the Empire Block on Whitehall Street in the City of Atlanta. This was a two-story building. The ground floor was divided into stores. The upper floor was cut up into rooms for offices and other purposes. These rooms faced upon a hallway which ran through this building from north to south and parallel to Whitehall Street.
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Injunction. Before Judge Humphries. Fulton superior court. May 31, 1923. William Markham formerly owned the building known as the Empire Block on Whitehall Street in the City of Atlanta. This was a two-story building. The ground floor was divided into stores. The upper floor was cut up into rooms for offices and other purposes. These rooms faced upon a hallway which ran through this building from north to south and parallel to Whitehall Street. This hallway was reached by a stairway from Whitehall Street. It was located about midway of the building. On March 1, 1872, Markham conveyed to Lucy…
1Opinion of the CourtHines, J.
(After stating the foregoing facts.)
1. In the absence of an express provision to the contrary, the lease of a building or a portion thereof, for business purposes, gives the lessee-the exclusive right to the use of the outside walls of that portion of the building embraced in his lease for advertising purposes. The tenant has the right to make reasonable use of the front walls of the leased building for such purpose. The tenant can put any sign or signs thereon which will work no injury to the freehold. The landlord in such a lease retains no right to permit signs or advertisements of other…
2Cases cited18 opinions
- Lowell v. StrahanMassachusetts Supreme Judicial Court · 1887
- Broads v. Mead and CookCalifornia Supreme Court · 1911
- Cook v. Pridgen, Stapler & DunnSupreme Court of Georgia · 1872
- Wimpey v. SmartSupreme Court of Georgia · 1912
- Seaboard Air-Line Railway v. SikesCourt of Appeals of Georgia · 1908
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3Cited by6 opinions
- Hester v. SawyersNew Mexico Supreme Court · 1937
- Hogan v. CowartSupreme Court of Georgia · 1936
- Warlick v. Rome Loan & Finance Co.Supreme Court of Georgia · 1942
- Mize v. McGarityCourt of Appeals of Georgia · 2008
- Robinson v. ArmstrongSupreme Court of Kansas · 1941
1 more not listed; retrieve them via the Exa API.