Reid-Strutt, Inc. v. Wagner

This is an action for damages arising out of an alleged breach of contract. Defendant appeals a judgment awarding plaintiff $31,500. We affirm.

Defendant, a real estate developer, sold a 20.3-acre parcel in an industrial park to American Sheet Metal, Inc. (American) in 1970. As a condition of the sale, defendant granted American a perpetual nonexclusive easement 60 feet in width that ran along the entire western boundary of the parcel on property of defendant. The easement was for roadway purposes, and defendant also executed a covenant to construct a 60-foot wide paved, curbed road thereon.…