VAN POOLE v. MESSER

No. 7419SC977.

212 S.E.2d 548 (1975)

25 N.C. App. 203

Edwin L. VAN POOLE et al. v. Violet D. MESSER and Ruth E. Dull.

Court of Appeals of North Carolina.

March 19, 1975.


Attorney(s) appearing for the Case

Rutledge & Friday by Clinton S. Forbis, Jr., Kannapolis, for plaintiff appellees.

Larry G. Ford, Salisbury, for defendant appellants.


HEDRICK, Judge.

The three assignments of error brought forward and argued in defendants' brief all relate to the court's instructions to the jury.

First, defendants contend the court erred in not submitting an issue as to whether the restrictive covenant in question had become unenforceable by reason of substantial and radical changes in the character of the East Jackson Park Subdivision.

In Tull v. Doctors...

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