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NEW BRAUNFELS FACTORY OUTLET v. IHOP

No. 3-92-556-CV.

872 S.W.2d 303 (1994)

NEW BRAUNFELS FACTORY OUTLET CENTER, INC., Edward K. Kopplow, and Rob Eversberg, Appellants, v. IHOP REALTY CORP., John Baird, and J. Ken Masuda, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled April 20, 1994.

Attorney(s) appearing for the Case

James L. Drought, Drought & Pipkin, L.L.P., San Antonio, for appellants.

Richard W. Alexander, Austin, for appellees.

Before POWERS, JONES and KIDD, JJ.

KIDD, Justice.

This is an appeal from a suit between the buyer and seller of real property for reformation and construction of a restrictive covenant. Appellee, IHOP Realty Corp. ("IHOP"), the buyer, contended that the restrictive covenant prohibited appellants, New Braunfels Factory Outlet, Edward K. Kopplow, and Rob Eversberg (collectively "New Braunfels"), the sellers, from selling a tract of land adjacent to IHOP's tract to Cracker Barrel Old Country Store ("Cracker...

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