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DONALDSON v. WHITE

493 P.2d 1380 (1972)

David DONALDSON and Joyce Donaldson, Respondents, v. Norman WHITE and Olivia White, Appellants.

Supreme Court of Oregon, In Banc.

Decided February 24, 1972.

Attorney(s) appearing for the Case

Lewis B. Hampton, Beaverton, argued the cause for appellants. With him on the briefs were Myatt, Bolliger, Hampton & Freerksen, Beaverton.

Gerald R. Pullen, Portland, argued the cause for respondents. With him on the brief was Bruce D. Kayser, Portland.

HOLMAN, Justice.

Defendants built a house on a lot which is subject to a restrictive covenant against the construction thereon of a house of more than one and one-half stories. The obvious purpose of the covenant was to protect the view from an adjacent dominant uphill lot occupied by plaintiffs' home. Plaintiffs brought this action for damages, claiming defendants breached the restrictive covenant by building a house of more than one and one-half stories, thereby...

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