CASHVAN v. DARLING


107 A.2d 896 (1954)

Hyman CASHVAN, Plaintiff, v. J. Frank DARLING, Castle Construction Co., a Delaware Corporation, Joseph J. Heintz, Jr. and Pauline Heintz, Howard P. Wilson and Ruth Wilson, Earl R. Stouffer and Lillian N. Stouffer, Fred L. Gerhauser and Laura Gerhauser, James D. Fariss and Katherine J. Fariss, Charles G. May and Carmilla R. May, John W. Lease and Elizabeth H. Lease, Peter Loch and Maria H. Loch, Fullerton Barton Wells and Ruth B. Wells, Defendants.

Court of Chancery of Delaware, New Castle.

Motion for New Trial July 15, 1954.

On Reargument September 23, 1954.


Attorney(s) appearing for the Case

John VanBrunt, Jr., and Charles F. Daley of Killoran & VanBrunt, Wilmington, for plaintiff.

Robert C. Barab, Wilmington, for defendants, Joseph J. Heintz, Jr., Pauline Heintz and Charles G. May.


On Plaintiff's Motion for New Trial July 15, 1954.

SEITZ, Chancellor.

By this declaratory judgment action and the counterclaims of certain individual defendants the court is required to determine whether certain land is subject to restrictions of a type which would prevent plaintiff from using the land for the erection of so-called garden type apartments.

On September 4, 1953, plaintiff Hyman Cashvan entered into a contract with one of the defendants...

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