Legal Opinion

Levy v. Louisville Gunning System

Court of Appeals of Kentucky

Decided November 23, 1905PublishedCited by 5 opinions

Case 65. — ACTION BY LOUIS LEVY AGAINST THE LOUISVILLE GUNNING SYSTEM FOR AN INJUNCTION. Appeal from Jefferson Circuit Court, Chancery Branch (1st Division). Shackelford Miller, Judge. Judgment for defendant. Plaintiff appeals.

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Case 65. — ACTION BY LOUIS LEVY AGAINST THE LOUISVILLE GUNNING SYSTEM FOR AN INJUNCTION. Appeal from Jefferson Circuit Court, Chancery Branch (1st Division). Shackelford Miller, Judge. Judgment for defendant. Plaintiff appeals. CLASSIFICATION OF POINTS AND AUTHORITIES. 1. An instrument in writing, granting appellee the privilege of maintaining a sign upon a wall of a building, executed by the owner of the property, while the premises are vacant, with all the 'solemnity and dignity 'of a lease, for a recited consideration and for a definite, stated period, is what it purports to be — a lease;…

1Opinion of the Court

Opinion by

Judge Settle

Affirming.

*512J. M. Heissman is the owner of a business house and lot, known as No. 929 West Broadway, in the city of Louisville. By the following writing she granted to the “2 Jakes Sign Company,” for one year from June 20, 1903, with the option of four years in addition, the right to use the west wall of the building for advertising purposes:

“The 2 Jakes Sign Co., Louisville, Ky. Wall space. June 20th, 1903. In consideration of four ($4.00) cash dollars payable in advance the receipt of which is hereby acknowledged, I, the undersigned lessor, hereby rent to lessee the…

2Cases cited3 opinions

  1. Pevey v. SkinnerMassachusetts Supreme Judicial Court · 1874
  2. Dillion v. Crook & Co.Court of Appeals of Kentucky · 1875
  3. Jarvis v. SatterwhiteCourt of Appeals of Kentucky · 1881

3Cited by5 opinions

  1. Louisville & Nashville Railroad v. CooperCourt of Appeals of Kentucky · 1915
  2. Antonio v. General Outdoor Advertising Co.Supreme Court of Oklahoma · 1966
  3. E. K. Bonds & Co. v. FordCourt of Appeals of Kentucky · 1917
  4. Louisville N. R. Co. v. McPhersonCourt of Appeals of Kentucky (pre-1976) · 1935
  5. Thos. Cusack Co. v. MyersSupreme Court of Iowa · 1920

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