Atlas Land Corp. v. Ettinger

Insofar as this action is one against Dora Ettinger, who is the original covenantor agreeing to supply heat, we need not now decide whether the covenant runs with her land. The plaintiff, as grantee of the store property, would seem to have the right to enforce the agreement as a personal covenant. This right would not rest merely on its privity with the former owner of the store property, but because plaintiff took its land “ subject ” to the covenant. As the agreement confers a benefit upon the plaintiff’s property, the “ subject ” clause would seem to be equivalent to an assignment (Bacon…