Home/Supreme Court of Alabama/Springdale Gayfer's Store Co. v. DH Holmes Co., Ltd.

Springdale Gayfer's Store Co. v. DH Holmes Co., Ltd.

201 So. 2d 855, 281 Ala. 267, 1967 Ala. LEXIS 945
CourtSupreme Court of Alabama
DecidedAugust 17, 1967
Docket1 Div. 259
StatusPublished
Cited by31 cases

This text of 201 So. 2d 855 (Springdale Gayfer's Store Co. v. DH Holmes Co., Ltd.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Springdale Gayfer's Store Co. v. DH Holmes Co., Ltd., 201 So. 2d 855, 281 Ala. 267, 1967 Ala. LEXIS 945 (Ala. 1967).

Opinion

*270 COLEMAN, Justice.

Complainants appeal from a decree dismissing their bilí of complaint after separate demurrers of respondents had been sustained to the bill as last amended. Complainants say that the bill had equity and, therefore, that the court erred in sustaining demurrers which were addressed to the bill as a whole.

Statement of the case.

' Complainants ■ are two corporations, namely: Springdale Gayfer’s Store Co., Inc., an Alabama corporation, hereafter called Gayfer’s; and The Northwestern Mutual Life Insurance Company, a Wisconsin corporation, hereafter called Northwestern.

Respondents are a resident of Alabama named E. E. Delaney and three corporations, namely: Springdale Stores, Inc., a Mississippi corporation, hereafter called Springdale Stores; Springdale Plaza, Inc., an Alabama corporation, hereafter called Springdale Plaza; and D. H. Holmes Co., Ltd., a . Louisiana corporation, hereafter called Piolines.

This suit concerns the use of a tract of land consisting of seven connected forty-acre parcels as shown on the map or plat here set out. The purpose of the suit is to prevent Holmes from operating a department store on the 7.9-acre parcel of the land which is marked HOLMES.

Complainants allege that on May 13, 1953, Delaney Realty Co., Inc., an Alabama corporation, purchased the entire tract which contains approximately 270 acres; that by deed dated November 30, 1953, Delaney Realty Co., Inc. conveyed the 270-acre tract to Southern Furniture Manufacturing Co., Inc., a Mississippi corporation, whose name has been changed to Springdale Stores; that by deeds dated October 19, 1953, and April 10, 1956, Southern Furniture Manufacturing Co., Inc. conveyed to Springdale Plaza a part of the 270-acre tract which lies in the northeast corner of the intersection of the interstate highway and Government Street Road. The part thus conveyed to Springdale Plaza contains approximately forty acres, is shown on the above plat as fronting on the highway and. road, and is that part of the plat enclosed within the hatched boundary lines. This 40-acre tract is sometimes called the Springdale Plaza Shopping Center.

Complainants allege that by written, agreement dated December 27, 1955, Gay-fer’s agreed to purchase from SpringdalePlaza that portion of Springdale Plaza’s forty acres which is marked “GAYFERS”' on the plat, which contains 10.37 acres, and whose shape on the plat resembles the letter Y; that said agreement provided that Springdale Plaza, its successors and tenants would not, without Gayfer’s written consent, enter into leases with Holmes; that Gayfer’s subsequently purchased the 10.37-acre tract; that prior to October 28, 1958,. Gayfer’s sold the 10.37-acre tract to Northwestern; and that Northwestern leased the tract to Gayfer’s for a primary term of twenty-five years with certain renewal options.

Complainants further allege that, on October 28, 1958, Gayfer’s, Springdale Plaza, and Northwestern entered into an agree- *272 merit, which was recorded in the office of the Judge of Probate on December 22, 1958, a copy of which is attached to and made a part of the bill of complaint; that the agreement provided, in substance, that Springdale Plaza, its successors, grantees, and tenants would not, without written consent of the other two parties to the agreement, enter into leases with Holmes, its subsidiaries or affiliates.

*271

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Bluebook (online)
201 So. 2d 855, 281 Ala. 267, 1967 Ala. LEXIS 945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/springdale-gayfers-store-co-v-dh-holmes-co-ltd-ala-1967.