Eagle Enterprises, Inc. v. Gross case brief

Eagle Enterprises, Inc. v. Gross case brief summary

349 N.E.2d 816

CASE SYNOPSIS: Appellant sought review of an order of the Appellate Division of the Supreme Court in the Second Judicial Department (New York) reversing the Appellate Term of the Supreme Court in the Second Judicial Department which affirmed a judgment of the Justice Court, Town of Monroe (New York) for appellant.

FACTS: Respondent purchased land under a deed containing a covenant whereby the owner of the land would purchase water from appellant. Respondent constructed a well and refused to buy appellant's water.

HOLDING:
The trial court's judgment for appellant was reversed on appeal. The Court of Appeals of New York affirmed the appellate court's dismissal of the complaint, holding that the covenant for water supply did not sufficiently touch and concern the land to be enforceable.

CONCLUSION: The Court of Appeals of New York affirmed, holding that the covenant for water supply did not sufficiently touch and concern the land to be enforceable.

 
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