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Law School Case Briefs

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DAVIDSON BROS. v. D. KATZ & SONS

The Supreme Court of New Jersey (1990) | 121 N.J. 196; 579 A.2d 288

3 min read

TL;DR: A property owner sold land with a covenant not to operate a supermarket. A subsequent purchaser with notice, a public authority, leased it for that purpose. The court abandoned traditional tests, holding that the enforceability of such covenants depends on their overall reasonableness.

Legal Significance: The case replaced the rigid "touch and concern" test for non-competition covenants with a flexible, multi-factor reasonableness standard, modernizing the law of real covenants in New Jersey to reflect contemporary commercial realities.

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