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LEX PRO CORP. v. SNYDER ENTERPRISES, INC.

No. 14848.

671 P.2d 637 (1983)

100 N.M. 389

LEX PRO CORPORATION, a Utah corporation, McCasland Enterprises, Inc., a New Mexico corporation, Clinton Thelander and Ruth Thelander, his wife, Petitioners, v. SNYDER ENTERPRISES, INC. and Security Federal Savings and Loan Association of Albuquerque, a United States corporation, Respondents.

Supreme Court of New Mexico.

Rehearing Granted October 20, 1983.

On Rehearing and Opinion Refiled November 10, 1983.

Attorney(s) appearing for the Case

Modrall, Sperling, Roehl, Harris & Sisk, George T. Harris, Jr., Zachary L. McCormick, Bruce Pasternack, Albuquerque, for petitioners.

Scott Oliver, Albuquerque, for respondents.

OPINION

SOSA, Senior Justice.

This case comes to us on a writ of certiorari. The plaintiffs below petitioned us to review the decision of the Court of Appeals holding that a restrictive covenant in a deed did not run with the land because neither the language of the deed nor the circumstances surrounding its execution indicated that the original covenanting parties intended that the covenant should bind their successors in interest. Lex Pro Corp. v. Snyder...

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