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DONOGHUE v. PRYNNWOOD CORP.

356 Mass. 703 (1970)

255 N.E.2d 326

JOHN W. DONOGHUE vs. PRYNNWOOD CORPORATION.

Supreme Judicial Court of Massachusetts, Hampden.

February 3, 1970.

Attorney(s) appearing for the Case

James L. Allen for the petitioner.

Robert E. Kubicek for the respondent.

Present: WILKINS, C.J., CUTTER, KIRK, SPIEGEL, & REARDON, JJ.

CUTTER, J.

Dr. Donoghue sought on December 30, 1965,1 in the Probate Court declaratory relief concerning a restrictive provision in a deed to him from Prynnwood Corporation (Prynnwood) of land (the locus) on which he has built a house. Prynnwood by its answer, amended on January 12, 1967 (see fn. 4, infra), prays that the final decree shall (1) declare the restriction enforceable, (2) permanently enjoin any construction without...

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