Gulf Refining Co. v. Smith

This is the second appearance of this case in this court, the deed and covenant now before us having been the subject of the adjudication in Smith v. Gulf Refining Co., 162 Ga. 191 (134 S. E. 446). At that time this court held that the recital “It is agreed with the parties hereto that the said J. E. Posey is to use the Standard Oil Co. gas and oil as long as the said G. C. Smith acts as agent for said' company and the prices of same are in accord with other gasoline and oils,” embodied in the deed from G. C. Smith to J. E. Posey, was a covenant running with the land, and not a mere personal…