o supply accommodations for all
who may apply, nor is he required to receive any persons unless he
chooses to do so; an innkeeper's freedom is restricted in this
respect. A house may have a double character of boarding house and
inn. With transient persons who, without a definite contract, remain
from day to day it is an inn; with those under definite contract it is
a boarding house.
=Land License.=--A license is an authority to do something on
another's land without acquiring ownership therein, and may be given
orally, or it may be simply a permission to use or occupy. A license
may be executory, relating to a future act, or it may relate to an act
already done or executed. An executory license may be revoked at any
time. Thus A laid a water pipe by permission across B's land who
afterward rendered the pipe useless by cutting it. A had no redress,
for B was acting within his rights. A ought to have obtained written
authority for such action. He could, however, remove the pipe or any
other improvement he had made on the strength of the license granted
to him.
A license may be to do many things on another's land. Thus one may
have a license to flood land, erect buildings, pass overland, maintain
a ditch, cut timber, use land for railroad purposes. A common form of
license is a ticket of admission to enter another's land to witness a
spectacle or similar purpose.
No formality is needed to create a license. It may be in writing or be
oral, or implied from the relations or conduct of the parties, as
where a land owner assents to the doing of certain acts on his land. A
person by opening a place of business licenses the public to enter
therein for the purpose of transacting business. And a license to do a
particular act necessarily involves any act essential thereto.
A license is usually revocable at the pleasure of the licensor, even
though it be in writing and under seal, or a consideration has been
given. If the licensee has expended money and made improvements on the
faith of the license, can it be revoked? On this question the courts
divide. The more general opinion seems to be that a license coupled
with a grant or interest cannot be revoked. Or, if a license has in
effect been so used as to become an easement it remains a burden on
the land though sold to a purchaser, unless he had no knowledge of
it. A license cannot be assigned by the licensee to another.
Again it is said that the revocation only affect
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