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Eagle Enterprises, Inc. v. Gross

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



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


Holding and Reasoning (Gabrielli, J.)

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