BOVE v. GIEBEL

No. 35766.

169 Ohio St. 325 (1959)

BOVE, APPELLEE, v. GIEBEL ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided June 17, 1959.


Attorney(s) appearing for the Case

Mr. B. William Heidkamp, for appellee.

Messrs. Gatch. Kleinmann, Roberts & Kuhn, Mr. C. Jackson Cromer and Mr. John A. Kiely, for appellants.


TAFT, J.

If we assume, as plaintiff contends and the courts below held, that the word "which" in restriction No. 1 modifies the word "lots," the question still remains whether the use that defendants propose to make of a part of lot No. 29 will constitute a use for other than "residence purposes" within the meaning of those words in that restriction.

It is apparent that these restrictions contemplate use of part of a lot for a private lane or driveway as a...

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