Boozer v. Loan & Exchange Bank

• Decision Date: 20 August 1907
• Citation: 58 S.E. 934,78 S.C. 5
• Parties: BOOZER v. LOAN & EXCHANGE BANK.
• Court: South Carolina Supreme Court

58 S.E. 934

78 S.C. 5

BOOZER v. LOAN & EXCHANGE BANK.

Supreme Court of South Carolina

August 20, 1907

Appeal from Common Pleas Circuit Court of Greenwood County; Purdy Judge.

Action by Eliza J. Boozer against the Loan & Exchange Bank. Judgment for plaintiff, and defendant appeals. Affirmed.

Nicholson Bros., for appellant.

Grier & Park, for respondent.

GARY A. J.

This is an appeal from an order refusing to grant a temporary injunction to restrain the defendant from subletting the premises described in the complaint for other than banking purposes, on the ground that under the terms of the lease the building could only be used for such purposes. The following is a copy of the lease: "(1) State of South Carolina County of Greenwood. This memorandum of agreement is to witness: That Mrs . Eliza J. Boozer, party of the first part, has granted, leased and rented, and by these presents does grant, lease and rent unto the Loan & Exchange Bank, party of the second part, all and singular that certain brick storeroom, situated in the state and county above written, in the town of Greenwood, fronting on the public square therein, and the premises on which the same is situate, and bounded on the north by the store of W. R Bailey, and said lot extending back for a distance of two hundred and seventeen (217) feet, on the rear by lands of Mrs. T. F. Riley, and on the south by another store of Mrs Eliza J. Boozer; the said lot being the lot on which is situate the said certain brick store formerly occupied by T St. J. Goodwyn. (2) To have and to hold the said above mentioned and rented storeroom and premises, to the said Loan & Exchange Bank, its successors and assigns, for and during the full term of my natural life, at the sum of four hundred dollars per annum, payable monthly at the end of each and every month, during the lifetime of this agreement-that is to say, the sum of $33 1/3 per month, each and every month, during the term of this lease-rent to begin September 1, 1903. (3) And the said Loan & Exchange Bank agrees to pay to the said Mrs. Eliza J. Boozer or order the rent stipulated herein above, in the manner and at the times and in the sums above mentioned and stipulated. (4) If the said building is destroyed by fire or other casualties, and if said building is rebuilt by party of the first part with due expedition, and if the building so erected is of like size and kind as the building on said lot at the time of said fire or other casualties, this lease shall not...