Winn-Dixie Montgomery, Inc. v. Midfield Park, Inc.

BLOODWORTH, Justice.

Cross-complainant Winn-Dixie appeals from a decree sustaining demurrers of cross-respondents Midfield Park and A & P to its amended cross-bill and dismissing the same with prejudice. Winn-Dixie contends on this appeal that it alleged all matters necessary to show a breach of a restrictive covenant and that the trial court erred in sustaining the demurrers to the amended cross-bill.

Both appellees, Midfield Park and A & P, have moved to dismiss the appeal. Additionally, these appellees assert that the restrictive covenant does not bind Midfield Park as lessor and that the…