WILKINSON v. ALLEN

No. 16200.

293 F.2d 159 (1961)

J. Burke WILKINSON et al., Appellants, v. Roderick R. ALLEN et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 15, 1961.


Attorney(s) appearing for the Case

Mr. Sturgis Warner, Washington, D. C., with whom Mr. Harold H. Tittmann, III, Washington, D. C., was on the brief, for appellants.

Mr. John L. Laskey, Washington, D. C., with whom Mr. Dyer Justice Taylor, Washington, D. C., was on the brief, for appellees.

Before BAZELON, WASHINGTON, and BURGER, Circuit Judges.


PER CURIAM.

Appellants contracted to buy a house and lot from appellees and made a deposit of $6,000. Subsequently, appellants, having refused to go through with the purchase, brought this suit to recover their deposit, contending that appellees "failed to convey the property free of encumbrances" in that the location of the house upon its lot was in violation of a restrictive covenant.

The pertinent covenant provides that only one dwelling house shall be...

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