Messett v. Cowell

Henry Cowell agreed in writing to sell to one Boarman, for nine thousand dollars, a tract of land, embracing seventy-eight acres, containing a deposit of lime rock and situate on Oreas Island, in San Juan county. The land was sold subject to the condition that neither the purchaser nor his successors in interest should use any of the lime rock on the premises for the purpose of making or burning lime.

At this time, Cowell was extensively engaged in the production of lime in the state of California, and was owner of practically all of the stock in the Henry Cowell Lime and Cement Company, a…