For Your Data Davidson Brothers, Inc. V. D. Katz & Sons, Inc. Representative Brief
September 16, 2019
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Davidson Brothers, Inc. v. D. Katz & Sons, Inc. case brief summary
643 A.2d 642 (Super. Ct. App. Div. 1994)
CASE FACTS
Plaintiff corporation closed 1 of its supermarket's inward the downtown area, together with sold the belongings to a merchant, who together with so sold the belongings to accused city. Defendant together with so leased the belongings to or so other companionship that operated a supermarket at the place inward violation of a covenant prohibiting the functioning of a supermarket at that place contained inward the contract of sale from plaintiff.
DISCUSSION
CONCLUSION
The courtroom affirmed the judgment that held plaintiff corporation's covenant prohibiting the purpose of a belongings sold to accused metropolis for a supermarket was unenforceable. The covenant was so opposite to the populace policy of promoting increase inward the downtown surface area that the covenant was inward these circumstances unreasonable together with unenforceable.
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643 A.2d 642 (Super. Ct. App. Div. 1994)
CASE SYNOPSIS
Plaintiff corporation appealed a judgment from the Superior Court of New Jersey, Middlesex County, that held a covenant prohibiting the purpose of belongings equally a supermarket was unenforceable against accused city, who purchased the belongings for purpose equally a supermarket inward an endeavor to promote economical evolution inward the downtown area.CASE FACTS
Plaintiff corporation closed 1 of its supermarket's inward the downtown area, together with sold the belongings to a merchant, who together with so sold the belongings to accused city. Defendant together with so leased the belongings to or so other companionship that operated a supermarket at the place inward violation of a covenant prohibiting the functioning of a supermarket at that place contained inward the contract of sale from plaintiff.
DISCUSSION
- The courtroom affirmed the judgment which held that plaintiff's covenant adversely impacted the populace involvement together with thus was unenforceable.
- Closing the supermarket caused difficulties together with hardships on the downtown citizens, who lost the solely chance to buy nutrient at a reasonably unopen location.
- Plaintiff's restriction impeded the relocation of or so other supermarket functioning to the downtown area.
- This obstruction to remediation efforts past times accused metropolis was so opposite to the populace policies expressed inward the New Bailiwick of Jersey Urban Enterprise Zone Act, N.J. Stat. Ann. §§ 52:27H-60 to H89, together with like acts, that it represented a scorched globe policy that nether the circumstances was unreasonable together with unenforceable.
CONCLUSION
The courtroom affirmed the judgment that held plaintiff corporation's covenant prohibiting the purpose of a belongings sold to accused metropolis for a supermarket was unenforceable. The covenant was so opposite to the populace policy of promoting increase inward the downtown surface area that the covenant was inward these circumstances unreasonable together with unenforceable.
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