Caulett v. Stanley Stilwell & Sons, Inc.
Superior Court of Pennsylvania
156 A.2d 802 (Pa. Super. Ct. 1959)
Stanley Stillwell & Sons (defendant) sold land to Caulett (plaintiff) with a deed provision, labeled among "covenants running with the land," reserving Stanley's right to serve as the contractor building Caulett's future home on the property; when negotiations for that construction fell through, Caulett sued to quiet title, arguing no separate construction contract ever existed, while Stanley argued the low sale price reflected an understanding that Stanley would profit as the builder. The trial court found the home-building provision unenforceable and ruled for Caulett, and Stanley appealed.
Whether a deed provision restricting the use of property is enforceable as a contract, a covenant running with the land, or an equitable servitude, when the provision is vague and the benefit it confers is purely personal to the grantor.