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Eagle Enterprises, Inc. v. Gross

349 N.E.2d 816 (1976)

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Eagle Enterprises, Inc. v. Gross

Court of Appeals of New York

349 N.E.2d 816 (1976)

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Facts

In 1951, Orchard Hill Realties, Inc. sold the subject property to the Baums. The deed contained a provision that required the Baums to purchase water from Orchard Hill in May to October of each year for an annual $35 fee. The deed recited that this covenant was to run with the land. Gross (defendant), through a series of subsequent conveyances, is the successor in title to the Baums. Eagle Enterprises, Inc. (Eagle) (plaintiff) is a successor to Orchard Hill. Gross refused to take delivery of and to pay for water offered by Eagle since he had constructed his own well to provide water year-round. As a result, Eagle filed suit seeking enforcement of the covenant and to compel Gross to accept and pay for the water.

Rule of Law

Issue

Holding and Reasoning (Gabrielli, J.)

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