MILLISON v. FRUCHTMAN

[No. 42, September Term, 1957.]

214 Md. 515 (1957)

136 A.2d 240

MILLISON ET AL. v. FRUCHTMAN ET AL.

Court of Appeals of Maryland.

Decided November 15, 1957.


Attorney(s) appearing for the Case

Arthur B. Hanson for the appellants.

W. Aleck Loker, with whom were W.M. Loker, Jr., J. Edward Burroughs, Jr., and Loker, Wigginton & Loker on the brief, for the appellees.

The cause was argued before BRUNE, C.J., and COLLINS, HENDERSON, HAMMOND and PRESCOTT, JJ.


HENDERSON, J., delivered the opinion of the Court.

On March 2, 1957, the appellants filed a bill of complaint in the Circuit Court for St. Mary's County to restrain a breach of a restrictive covenant and an alleged nuisance. The Chancellor sustained a demurrer to the bill, with leave to amend and amplify the allegation as to nuisance, and, the appellants declining to amend, dismissed the bill. The appeal raises only the question as to the restrictive covenant.

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