Birmingham Trust National Bank v. Midfield Park, Inc.

MERRILL, Justice.

This appeal is from a judgment in a declaratory judgment proceeding wherein Midfield Park, Inc. (hereinafter Midfield) sought a construction of an agreement between it and Birmingham Trust National Bank (hereinafter BTNB).

The trial court’s construction of the agreement resulted in its issuance of an injunction forbidding BTNB from maintaining a curb along the eastern boundary of its property, and BTNB appealed.

The only issue before this court is whether the trial court correctly construed the agreement. This agreement, dated November 9, 1969, was delivered by Midfield to BTNB…