KEY v. McCABE

Docket No. L.A. 25664.

54 Cal.2d 736 (1960)

356 P.2d 169

8 Cal. Rptr. 425

J.R. KEY et al., Appellants, v. HAROLD A. McCABE et al., Respondents.

Supreme Court of California. In Bank.

October 27, 1960.


Attorney(s) appearing for the Case

Powers, Himrod & Pepys, Eric C. Pepys and Robert M. Himrod for Appellants.

Mize, Larsh, Mize & Hubbard, Royal E. Hubbard and Delbert L. Larsh for Respondents.


McCOMB, J.

From a judgment in favor of defendants, after trial before the court without a jury, in an action to enjoin and restrain defendants from constructing a commercial building on a lot owned by them, in violation of certain building restrictions on the use of the lot for residential, horticultural and agricultural purposes, plaintiffs appeal.

Facts: Plaintiffs are the owners of various lots located in tract 1056 in Orange County, California....

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