SHIELDS v. WELSHIRE DEVELOPMENT COMPANY


144 A.2d 759 (1958)

Carl D. SHIELDS and Virginia S. Shields, his wife, Plaintiffs, v. WELSHIRE DEVELOPMENT COMPANY, a Corporation of the State of Delaware, and W. Percival Johnson & Son, Inc., a Corporation of the State of Delaware, Defendants.

Court of Chancery of Delaware, New Castle.

September 10, 1958.


Attorney(s) appearing for the Case

L. Robert Hopkins, Wilmington, for plaintiffs.

Benjamin N. Brown and Richard J. Baker, Wilmington, for defendants.


SEITZ, Chancellor.

Plaintiffs, in reliance upon deed restrictions, seek to restrain defendants from maintaining sample houses and from erecting structures of a type which they contend are inharmonious with the surrounding structures.

In July of 1937, Welshire Incorporated, through a transfer of deeds to and from William W. Gilbert and wife, divided the so-called "Welshire" tract into building lots and placed general...

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