Tardy v. Creasy

Citations

• 81 Va. 553
• 1886 Va. LEXIS 123

Syllabus

<p>Covenants—Personal—Restraint of trade—Case at bar.—Tolbert conveyed to Tardy five and a-half acres of land at a junction, with exclusive mercantile privileges at, in, and around the junction, including the right to sell goods, wares and merchandise; to keep houses of public entertainment and refreshment; to establish and erect warehouses, factories, foundries and shops on the tract of 368 acres owned by the grantor in and around the junction, with covenants that the grantor would abstain from all sorts of business on said tract, and that the said covenants should apply to his heirs or assigns, who might be deprived of these privileges, and that they should run with the said land of Tolbert to whomsoever it might be devised or conveyed. Later, Tolbert conveyed one acre to Roach, ‘ ‘ restricting him from any mercantile privilege, the same having been conveyed to Tardy.” Roach conveyed same with general warranty without restriction to Creasy, who established a mercantile business thereon. Tardy enjoined Creasy from selling goods, &c., on said acre, and from trespassing on his rights aforesaid. On demurrer to bill—</p> <p>Held by a majority of the court, Lewis, P., and Fauntleroy, dissenting—</p> <p>1. These covenants are personal, binding the grantor.</p> <p>2. They do not run with the land so as to bind his assigns.</p> <p>3. They are in general restraint of trade, and are void as against public policy.</p> <p>4. The bill should be dismissed on demurrer.</p>