Rosen v. Wolff
Supreme Court of Georgia
Injunction. Before Judge Melclrim. Chatham superior court. November 30, 1920. On February 10, 1920, the Chain Stores Leasing Company of New York leased to S. Charles Wolff the premises known as No. 43 Barnard street in the city of Savannah, for the term of three years, six and one half months, from October 1, 1920, and ending April 15, 1924. The written lease contained this provision: “It is further covenanted and agreed that during the time said premises shall be occupied…
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Injunction. Before Judge Melclrim. Chatham superior court. November 30, 1920. On February 10, 1920, the Chain Stores Leasing Company of New York leased to S. Charles Wolff the premises known as No. 43 Barnard street in the city of Savannah, for the term of three years, six and one half months, from October 1, 1920, and ending April 15, 1924. The written lease contained this provision: “It is further covenanted and agreed that during the time said premises shall be occupied by lessee, the lessor shall not rent any of its other property facing Barnard street between Broughton street and…
1Opinion of the CourtHines, J.
(After stating the foregoing facts.)
1. It is insisted by counsel for the plaintiffs in error that injunction will not lie for the breach of a covenant, where there is no privity shown between the parties. A party will not be permitted to use land in a manner inconsistent with a contract entered into by the owner under whom he claims, and with notice of which he took; and equity, in a case where the damages are irreparable or difficult of computation, will enjoin such use. Covenants of this sort have been invariably enforced if they were restrictive. Tulk v. Moxhay, 2 Phil. 774; Haywood v.…
2Cases cited10 opinions
- Atlanta, Knoxville & Northern Railway Co. v. McKinneySupreme Court of Georgia · 1906
- Norcross v. JamesMassachusetts Supreme Judicial Court · 1885
- Hancock v. GummSupreme Court of Georgia · 1921
- Atlanta Consolidated Street Railway Co. v. JacksonSupreme Court of Georgia · 1899
- Deyo v. . MorssNew York Court of Appeals · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Gulf Refining Co. v. SmithSupreme Court of Georgia · 1927
- Davidson Bros. v. D. Katz & Sons, Inc.Supreme Court of New Jersey · 1990
- Village Enterprises, Inc. v. Georgia Railroad Bank & Trust Co.Court of Appeals of Georgia · 1968
- Carusos v. Briarcliff Inc.Court of Appeals of Georgia · 1947
- Reeves v. ComfortSupreme Court of Georgia · 1931
54 more not listed; retrieve them via the Exa API.