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DARTMOUTH-WILLOW TERRACE, INC. v. MacLEAN

371 S.W.2d 937 (1963)

DARTMOUTH-WILLOW TERRACE, INC., et al., Appellants, v. Kathleen B. MacLEAN et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing November 1, 1963.

Attorney(s) appearing for the Case

Henry A. Triplett, Boone & Triplett, Louisville, for appellants.

S. J. Stallings, Robert L. Durning, Jr., Robert L. Sloss, David A. Jones, Wyatt Grafton & Sloss, Stuart Handmaker, Louisville, for appellees.

STANLEY, Commissioner.

The question is whether or not an apartment house may be erected on certain lots in Louisville because of building restrictions contained in former conveyances thereof.

The appellee, H. G. Whittenberg, has contracted to buy the property from his coappellee, Kathleen B. MacLean, conditioned upon a right to erect an apartment house on it. They instituted this action for a declaratory judgment to determine the question. The defendants were...

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