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HILLCREST BUILDING CO. OF GOLDSBORO, N. C. v. PEACOCK

No. 698SC530.

171 S.E.2d 193 (1969)

7 N.C. App. 77

HILLCREST BUILDING COMPANY OF GOLDSBORO, N. C., Inc. v. C. W. PEACOCK.

Court of Appeals of North Carolina.

December 31, 1969.

Attorney(s) appearing for the Case

Bland & Wood by W. Powell Bland and J. Darby Wood, Goldsboro, for plaintiff appellee.

Smith & Everett by James N. Smith, Goldsboro, for defendant appellant.

VAUGHN, Judge.

The judgment from which the defendant appeals was specifically limited to the lots in controversy and was expressly not applicable to the restrictive covenants of other subdivided lots. It appears that the obvious intent of W. C. Spence, and wife, was that the subdivision should be developed and sold under a uniform scheme or plan of development. Such a determination must be made from an evaluation of the intent of the parties. Long v. Branham,

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