Great A. & P. Tea Co. v. Bailey

Dissenting Opinion by

Mr. J ustice Roberts :

I am unable to agree with the majority’s unreasonably narrow construction of the restrictive covenant presently in dispute. In my view, the only reasonable construction of the covenant on this record is that by the use of the term “adjacent property”, appellant, A & P, sought and appellees agreed to bind any land which was assimilated into the shopping center “during the term of [A&P’s] lease or . . . [its] renewals.” The failure of the majority to give effect to this restriction improperly deprives A & P of the benefit of a contractual right for…