WEISS v. FAYANT

No. 11634.

606 S.W.2d 440 (1980)

HOWARD WEISS, Plaintiff-Respondent, v. John E. FAYANT and Kathleen M. Fayant, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division One.

September 23, 1980.


Attorney(s) appearing for the Case

John L. Walker, Phillips, McElyea, Walker & Carpenter Corp., Camdenton, for plaintiff-respondent.

William Icenogle, Icenogle, Casteel, Drover & Icenogle, Camdenton, for defendants-appellants.


PREWITT, Judge.

Plaintiff sought and received a mandatory injunction prohibiting defendants from maintaining a mobile home on real property defendants owned. Plaintiff's request for the injunction was based on a restrictive covenant prohibiting a "house trailer" or "mobile home". Defendants contend that the restrictions do not apply to their land, but if they do apply, that equitable relief should be denied plaintiff because plaintiff has "unclean hands". Defendants...

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