Eagle Enterprises, Inc. v. Gross
Court of Appeals of New York
349 N.E.2d 819 (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 (Gabrielle, J.)
What to do next…
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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
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. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 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.