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STEPHENSON v. PERLITZ

No. 7706.

524 S.W.2d 786 (1975)

Williamson STEPHENSON et al., Appellants, v. Werner J. PERLITZ et ux., Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied July 10, 1975.

Attorney(s) appearing for the Case

Scott R. Kidd, Austin, for appellants.

Thomas H. Watkins, Austin, for appellees.

KEITH, Justice.

The question is, Does a restrictive covenant in a deed providing that "[a]ll improvements to be erected upon the premises hereby conveyed shall be built and used for residence purposes ... [and] [o]nly one residence shall be erected upon the premises hereby conveyed" prohibit the erection of a duplex or two-unit dwelling thereon? We answer the question in the negative for the reasons now to be stated.

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