HOSKINS v. WALKER


255 S.W.2d 480 (1953)

HOSKINS v. WALKER et al.

Court of Appeals of Kentucky.

February 20, 1953.


Attorney(s) appearing for the Case

Wm. H. Smith and Troy D. Savage, Lexington, for appellant.

William B. Martin, Yancey, Martin & Ockerman and Tom R. Underwood, Jr., Lexington, for appellees.


MILLIKEN, Justice.

Appellees instituted this action under Section 639a-1 of the Civil Code of Practice, seeking a declaration of rights under a certain real estate sales contract. The chancellor adjudged that the appellant was legally bound to perform the contract. The controlling issue is whether a provision in a deed of 1889 authorizing forfeiture for breach of a covenant restricting the sale of alcoholic bevearges so affects the marketability of the title as to...

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