Fernwood Realty Company developed a residential development, known as the Fernwood Development, which included single-family dwellings, townhouses, and high-rise apartments for a total of 25,000 dwelling units. Included in the deed to each unit was a covenant under which the grantee and the grantee's "heirs and assigns" agreed to purchase electrical power from only a plant Fernwood promised to build and maintain within the development. Fernwood constructed the plant and the necessary power 111 lines. The plant did not supply power outside the development. An appropriate and fair formula was used to determine price. After constructing and selling 12,500 of the units, Fernwood sold its interest in the development to Gaint Realty Investors. Gaint operated the power plant and constructed and sold the remaining 12,500 units. Each conveyance from Gaint contained the same covenant relating to electrical power that Fernwood had included in the 12,500 conveyances it had made. Page bought a dwelling unit from Olm, who had purchased it from Fernwood. Subsequently, Page, whose lot was along the boundary of the Fernwood Development, ceased buying electrical power from Gaint and began purchasing power from General Power Company, which provided such service in the area surrounding the Fernwood Development. Both General Power and Gaint have governmental authorization to provide electrical services to the area. Gaint instituted an appropriate action against Page to enjoin her from obtaining electrical power from General Power. If judgment is for Page, it most likely will be because
the covenant does not touch and concern the land. the mixture of types of residential units is viewed as preventing one common development scheme. the covenant is a restraint on alienation. there is no privity of estate between Page and Gaint
Question: Fernwood Realty Company developed a residential development, known as the Fernwood Development, which included single-family dwellings, townhouses, and high-rise apartments for a total of 25,000 dwelling units. Included in the deed to each unit was a covenant under which the grantee and the grantee's "heirs and assigns" agreed to purchase electrical power from only a plant Fernwood promised to build and maintain within the development. Fernwood constructed the plant and the necessary power 111 lines. The plant did not supply power outside the development. An appropriate and fair formula was used to determine price. After constructing and selling 12,500 of the units, Fernwood sold its interest in the development to Gaint Realty Investors. Gaint operated the power plant and constructed and sold the remaining 12,500 units. Each conveyance from Gaint contained the same covenant relating to electrical power that Fernwood had included in the 12,500 conveyances it had made. Page bought a dwelling unit from Olm, who had purchased it from Fernwood. Subsequently, Page, whose lot was along the boundary of the Fernwood Development, ceased buying electrical power from Gaint and began purchasing power from General Power Company, which provided such service in the area surrounding the Fernwood Development. Both General Power and Gaint have governmental authorization to provide electrical services to the area. Gaint instituted an appropriate action against Page to enjoin her from obtaining electrical power from General Power. If judgment is for Page, it most likely will be because
A. the covenant does not touch and concern the land.
B. the mixture of types of residential units is viewed as preventing one common development scheme.
C. the covenant is a restraint on alienation.
D. there is no privity of estate between Page and Gaint
Answer: