MacPHERSON v. ECCLESTON

Docket No. 19308.

190 Cal.App.2d 24 (1961)

11 Cal. Rptr. 671

STANLEY M. MacPHERSON et al., Appellants, v. C.H. ECCLESTON et al., Respondents.

Court of Appeals of California, First District, Division Two.

March 13, 1961.


Attorney(s) appearing for the Case

Barnett & Wood and Edmund S. Barnett for Appellants.

Byers, Howell & Elson, Fred K. Howell, Jr., Henry M. Elson, Holmdahl & Fletcher, C.E. Fletcher, Orr, Heuring & Wendel, Donn L. Black, Donahue, Richards & Gallagher, George E. Thomas and Thomas Schneider for Respondents.


DRAPER, J.

Plaintiffs appeal from judgment in favor of all defendants in this action for injunction and for damages. The case was tried to the court sitting without a jury.

Defendants C.H. and Ethel B. Eccleston sold land to plaintiffs, knowing that they planned to construct a service station thereon. The deposit receipt, dated February 1, 1955, contained an agreement by the Ecclestons that other properties owned by them "in the immediate area" would not for...

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