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Eagle Enterprises, Inc. v. Gross
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The deed from the original sale of property contained a provision that required a purchase of water from May to October of each year for an annual $35 fee. The deed stated that the covenant was to run with the land. Defendant Gross is a subsequent owner. Plaintiff Eagle Enterprises, Inc. is a successor to Orchard Hill. Gross refused to take delivery of and to pay for water offered by plaintiff. Plaintiff filed suit seeking enforcement of the covenant and to compel Gross to accept and pay for the water.
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