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FRIEDLANDER v. HIRAM RICKER & SONS

485 A.2d 965 (1984)

Robert B. FRIEDLANDER and Ernest F. Friedlander, Trustees v. HIRAM RICKER & SONS, INC. and Image, Inc.

Supreme Judicial Court of Maine.

Decided December 13, 1984.

Attorney(s) appearing for the Case

Skelton, Taintor, Abbott & Orestis, Michael R. Poulin (orally), Lewiston, for plaintiff.

Brann & Isaacson, Alfred Frawley (orally), Auburn, for Image, Inc.

Trafton & Matzen, M. Kelly Matzen (orally), Auburn, for Hiram Ricker & Sons, Inc.

Before NICHOLS, VIOLETTE, WATHEN, GLASSMAN and SCOLNIK, JJ., and DUFRESNE, A.R.J.

WATHEN, Justice.

The plaintiffs, Robert and Ernest Friedlander, acting in their capacity as trustees, appeal from summary judgment entered in favor of the defendants by the Superior Court (Androscoggin County). Plaintiffs unsuccessfully sought a judgment declaring a restrictive covenant in a deed to be invalid and unenforceable. Plaintiffs argue on appeal that summary judgment should not have been granted because: (1) a material...

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