Mosher v. Cook United, Inc.

62 Ohio St. 2d 316, 405 N.E.2d 720 (1980)

 

RULE:

A license has been defined by this court as an authority to do a particular act or series of acts upon another's land, without possessing any estate therein. One who possesses a license thus has the authority to enter the land in another's possession without being a trespasser. 

FACTS:

The customer was shopping at the store and writing down the prices while he was there. The customer was advised by a store employee that writing down the prices was not permitted. When the customer refused to stop, he was asked to leave. He was later charged and found to have violated a city trespass ordinance. The Court of Appeals held that the customer violated a city trespass ordinance when he refused to leave the store when told to do so.

ISSUE:

Did the customer violate the city trespass ordinance?

ANSWER:

Yes

CONCLUSION:

The court noted that the customer was a licensee. Thus, the customer had the authority to enter the land in another's possession without being a trespasser. However, a license was terminable at will by the possessor of the land. When the customer refused to leave, he was a trespasser.

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