GIEHLER v. WARD


77 So.2d 452 (1955)

R. Arthur GIEHLER and Hazel T. Giehler, his wife, Appellants, v. Irene WARD, a widow, Rita Barclay Carey (Formerly Rita Barclay Ward) and her husband, Charles Carey, Appellees.

Supreme Court of Florida. Division A.

January 21, 1955.


Attorney(s) appearing for the Case

Henry H. Cole, Tampa, for appellants.

Gene H. Auvil and Robert E. Clawson, Dade City, for appellees.


ROBERTS, Justice.

The plaintiff-appellants bought a business and the property upon which it was located from the defendant-appellees, the deed containing the following covenant:

"The grantors herein do hereby covenant and agree that they will not for the space of three years from the date hereof conduct in the vicinity of the property above described any bathing beach or dancing business on Lake Iola, on which the above described property is located...

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