Fonact Corp. v. Superior Apartments, Inc.

The appellant was the plaintiff in an action for declaratory judgment. It sought a declaration that it had properly terminated an agreement between the parties by which appellee was granted the right to have ap-pellee’s tenants use appellant’s swimming pool. This appeal is from a judgment declaring the agreement valid and holding that appellant’s attempt to cancel the agreement was not effective.

The appellees purchased an apartment house from appellant’s predecessor in title. At that time appellee received as a part of the purchase an agreement entitled “Easement Agreement” which granted to…