174 Wis. 565 | Wis. | 1921
The trial court held that the facts shown by the record and affidavits filed in the proceeding-do not show that the defendants violated the injunctional
“The restriction was effectual against Patnaude as owncr of the Republican Hotel property and became binding on the subsequent owners by express covenants in the successive deeds, and hence inures to the benefit of the plaintiff as the original party thereto.”
It is now asserted by the defendants that this was a personal covenant in favor of the Huntleys, the purchasers of the Columbia Hotel, and in whose deed the covenant was first inserted. This claim is not well founded. It is manifest that the covenant was intended as a condition of the conveyance of the Columbia Hotel property from Patnaude to the Huntleys and was intended for the benefit of the Columbia Hotel property. As declared in Hodge v. Sloan, 107 N. Y. 244, 17 N. E. 335:
“The contract was good between the original parties, and it should, in equity at least, bind whoever takes title with notice of such covenant. ... In order, to uphold the liability of the successor in title, it is not necessary that the covenant should be one technically attaching to and concerning the land and so running with the title. It is enough that a purchaser has notice of it.” Boyden v. Roberts, 131 Wis. 659, 111 N. W. 701.
In the instant case the defendants.not only had notice of it, but expressly accepted the conveyance of the Republican House property subject to the restrictive condition for the benefit of the Columbia Hotel property. We think it clear that the restriction is one for the benefit of the Columbia Hotel property and is appurtenant to it and that Patnaude acquired the right thereto as vendee of this property from Huntley.
The objection to the covenant that it is void upon the ground that it operates as an illegal restraint of trade is
It is considered that all these considerations are favorably sustained by the facts showing the situation, business, and objects of the parties in view of the nature of the business and the condition of the hotel business in the city of Platte-ville. It follows that the circuit court erred in dismissing the order to show cause and in holding that the injunctional order entered in the former litigation is not violated.
By the Court. — The order appealed from is reversed, and the cause remanded to the circuit court for further proceedings according to law.