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Property Keyed to Rabin
Eagle Enterprises, Inc. v. Gross
Facts
In 1951, Orchard Hill Realities, Inc. conveyed the property in question through a deed to the Baums, which contained a provision that required the Baums to purchase water from Orchard Hill in May to October of each year for an annual fee of thirty-five dollars. The deed recited that the covenant was to run with the land. Gross (Defendant) is the successor in title to the Baums. Eagle Enterprises, Inc. (Plaintiff) is the successor to Orchard Hill. Defendant had constructed his own well and therefore refused to pay for or accept delivery of the water from Plaintiff.
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