HIGDON v. JAFFA

No. 533.

56 S.E.2d 661 (1949)

231 N.C. 242

HIGDON et al. v. JAFFA et ux.

Supreme Court of North Carolina.

December 14, 1949.


Attorney(s) appearing for the Case

James L. DeLaney, Charlotte, for plaintiffs-appellants.

Charles W. Bundy, Charlotte, Sol Levine, Charlotte, and Arthur Goodman, Charlotte, for defendants-appellees.


ERVIN, Justice.

The primary question presented by this appeal is the propriety of the compulsory nonsuit.

It is well settled in this State that "where the owner of a tract of land subdivides it and sells distinct parcels thereof to separate grantees, imposing restrictions on its use pursuant to a general plan of development or improvement, such restrictions may be enforced by any grantee against any other grantee, either on the theory that there is a mutuality...

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