Kole v. Linkenhoker

Bell, Justice.

This appeal involves the issue of the enforceability of an alleged promise by a property owner not to lease his property to a business that would compete with an existing store on adjoining land. Relying on Moorhead v. Luther, 219 Ga. 242 (132 SE2d 669) (1963), the trial court held, inter alia, that the promise, even if made and valid, could not be enforced because the tenant had no notice of the promise. For the reasons that follow, we conclude that the trial court properly concluded that the tenant’s lack of notice means the contract is not enforceable in equity against the…