Eagle Enterprises, Inc. v. Gross

349 N.E.2d 816 (1976)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Eagle Enterprises, Inc. v. Gross

New York Court of Appeals
349 N.E.2d 816 (1976)

Play video

Facts

In 1951, Orchard Hill Realties, Inc., a developer, sold property in the Orchard Hill subdivision to William and Pauline Baum. The Baums’ deed contained a covenant requiring them to purchase water from Orchard Hill Realties seasonally, from May through October of each year, for $35 a year. The water came from a well located on other property owned by Orchard Hill Realties. The covenant stated it would “run with the land” and bind the parties’ successors. The property changed hands multiple times, with Bob Gross (defendant) eventually acquiring it. The deed to Gross did not mention the covenant. Gross dug a well on the property. By then, Eagle Enterprises (Eagle) (plaintiff) was the successor in interest to Orchard Hill Realties. Gross refused to purchase water from Eagle, getting all he needed from his well. Eagle sued Gross to collect the water fee. Eagle argued that the covenant bound Gross, as the property’s owner, to purchase water from Eagle. The trial court ruled for Eagle. The appellate division reversed, ruling that the covenant was not enforceable against Gross. Eagle appealed to the New York Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Gabrielli, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 736,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 736,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 736,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership