RODGERS ET UX v. REIMANN ET UX


227 Or. 62 (1961)

361 P.2d 101

RODGERS ET UX v. REIMANN ET UX

Supreme Court of Oregon.

Affirmed April 19, 1961.


Attorney(s) appearing for the Case

Roland F. Banks, Jr., Portland, argued the cause for appellants. With him on the briefs were Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

J. Ray Rhoten, Salem, argued the cause for respondents. On the brief were Rhoten, Rhoten & Speerstra, Salem.

Before McALLISTER, Chief Justice, and WARNER, SLOAN, O'CONNELL and LUSK, Justices.


AFFIRMED.

O'CONNELL, J.

This is a suit in equity to enforce a building restriction contained in a land sale contract under which defendants were purchasers of a lot in the city of Salem, Oregon.

Defendants own the restricted lot, hereafter referred to as Lot 11, which abuts Kingwood drive on the east. The lot owned by plaintiffs abuts Kingwood drive on the west, directly across the street from Lot 11. Plaintiffs purchased their lot from Dr. and Mrs...

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