Dick v. Sears-Roebuck & Co.

160 A. 432 (1932)

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Nature of the Case

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Facts

P owned premises and ran a retail business on that land. P conveyed a lot of land across the street from his retail establishment by deed with the following covenant: The grantees herein by the acceptance hereof covenant and agree on behalf of themselves, their heirs and assigns, that they will not rent the premises hereby conveyed for the purpose of conducting thereon a retail or wholesale furniture business and that they will not permit said premises to be so used for a period of fifteen years from and after the date hereof and said covenants and agreements are hereby declared to be made the joint and several covenants and agreements of the grantees. The grantees of the lot conveyed it to a corporation, and in the deed, a covenant similar to the one quoted above was listed. The corporation constructed a building on the lot and leased it for ten years to D to be used for the sale and storage of merchandise. The lease contained no references to the covenants in the deeds. P sued D to enforce the covenant as D was selling furniture. The trial court enjoined D from selling furniture. D appealed.