Salvi v. John A. Manning Paper Co.

Each of the defendants except the Hygienic Ice Company moves to dismiss the complaint on the ground that the facts stated are insufficient to constitute a cause of action. Upon this motion the complaint must be construed liberally and the facts pleaded given every fair intendment and the benefit of every fair inference in support of the pleading.

The first requisite for the enforcement of an affirmative covenant running with the land against a subsequent purchaser is that “ it must appear that the grantor and grantee intended that the covenant should run with the land.” (Neponsit Property…