Lincoln v. Narom Development Co.

The individual plaintiffs and appellants comprise a partnership doing business as Dallman Supply Company. The defendants and respondents are a partnership doing business as Narom Development Co. Third parties concerned but not joined in the lawsuit are C. R. Adams and Anna G. Adams, his wife. Plaintiffs appeal from a judgment decreeing that a certain indemnity agreement with defendant is terminated, and that no declaratory relief is available for want of an existing controversy. This appeal itself evidences the invalidity of that conclusion.

On October 2, 1959, Narom purchased a parcel of land in San Leandro, and since it was without access by road, at the same time secured from the Adams a nonexclusive easement for passage over their adjoining property.

This right was evidenced by a recorded agreement, by which the nonexclusive easement was granted upon condition of continuous performance by Narom and its successors in interest of covenants and conditions subsequent, the right of reentry being reserved for breach of the same, including: (1) the construction within one year of a 30-foot blacktop road, in no event to be constructed of less than six inches of rolled rock,…