Davco Realty Co. v. Picnic Foods, Inc.

*203I respectfully dissent. This action, as the majority opinion notes, is at law with jury waived. The judgment of the District Court must therefore be affirmed unless it is clearly wrong. I believe it is and that accordingly the judgment should be reversed. There is no dispute in the evidence on any material fact. Both the District Court and this court have, I believe, in a wholly unprecedented way, misapplied established legal principles.

The lower court found: “. . . that the parties to the easement agreement . . . both have abandoned the purpose for which the easements were mutually conveyed…