![]() ![]() 251, 259, 10 A.2d 899, 903) and that therefore equity has no jurisdiction to enforce a covenant not to sell or transfer it. *276 It is defendants' contention that a liquor license is not a property right but only a privilege, ( Spankard's Liquor License Case, 138 Pa. The court below granted a perpetual injunction against a transfer and sale to any other person or to another location. They brought a bill in equity against defendants for an injunction to restrain the latter from selling, transferring or removing the license from the leased premises. Plaintiffs have resumed possession of the property and since Januhave been operating it as a restaurant on their own account. Since their surrender of the license to the Board they have been making payments for its renewal from year to year. The court below found as a fact that the purpose of this alleged sale was to evade their agreement that they would not attempt to remove or transfer the license. After returning the license to the Pennsylvania Liquor Control Board at Harrisburg where it is now being held, they executed a bill of sale purporting to transfer the license to Esther Salaim in satisfaction of her judgment, subject to the approval of the Liquor Control Board. On May 17, 1948, having issued execution on the note, she purchased at sheriff's sale the fixtures and personal property in the restaurant, said to be worth about $3,500, for $18.25 the fixtures were removed and defendants abandoned the premises and paid no rent after May 1, 1948. ![]() The lessees covenanted that they would use *275 and occupy the premises only as a restaurant and that they would not "attempt at any time during the term of this lease to remove or transfer from the said demised premises the restaurant liquor license issued by the Liquor Control Board of the Commonwealth of Pennsylvania, under penalty of instant forfeiture and the right of re-entry for such breach." The property had been used as a restaurant for many years during all of which a liquor license was maintained there, the licensee being either the lessors themselves or their tenants.ĭefendants gave to one Esther Salaim, a relative by marriage, a judgment note of $5,000 for money alleged to be due her for a loan. Main Street, Uniontown, for a term of 5 years at a rental of $125 per month. On JNick Ritz and Elizabeth Ritz, plaintiffs, leased to Ferris Rafail and Elias Rafail, defendants, the property situate at 98 E. Goldstein, with him Goldstein & Goldstein, for appellants. January 2, 1951.īefore DREW, C.J., STERN, STEARNE, JONES, LADNER and CHIDSEY, JJ.Īlex Z.
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