FREY v. POYNOR

No. 39370.

369 P.2d 168 (1962)

H.N. FREY, Wendell H. Sandlin, d/b/a Sandlin Oil Company, Dennis L. Porter, and each of them, Plaintiffs in Error, v. Paula P. POYNOR, Vernie Walker, and Thelma Drake, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied February 27, 1962.


Attorney(s) appearing for the Case

W.J. Otjen, Jr., of Otjen & Carter, Enid, for plaintiffs in error.

David L. Field, Raymond D. North, Field & North, Enid, for defendants in error.


BLACKBIRD, Vice Chief Justice.

The judgment challenged in this appeal enforces, as a "restrictive covenant", a provision of a deed to lots 6 and 7, Block 13, of the Garland Addition to the City of Enid, by permanently enjoining the plaintiffs in error, and all persons claiming by, through or under them, from constructing or maintaining a filling station thereon.

The lots involved are the only ones in the Addition...

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