protect the covenantee
in the enjoyment of the legitimate fruits of the
Moxhay was probably confident of victory as before this case covenants were not enforced when there was no privity of contract between the covenantee
and a new owner of the burdened property.
On appeal, the Second District Court of Appeal noted that "a covenantee
may recover attorney's fees incurred in a suit to maintain or defend title against a third party occasioned by the covenantor's breach of covenant.
Unless the covenantee
has a legitimate interest to be protected by the agreement, the law will not enforce such a contract, since this would merely prohibit ordinary competition.
A covenant is a contract in which the covenanter makes a promise to a covenantee
to do or not do some action.
Or, alternatively, its importance may be too great for the covenantee
to agree to its release.