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ECC PARKWAY JOINT VENTURE v. BALDWIN

No. 05-87-00060-CV.

765 S.W.2d 504 (1989)

ECC PARKWAY JOINT VENTURE, Appellant, v. Peter W. BALDWIN, individually and d/b/a The Baldwin Company, and Duvall-Giles Company, Inc., Appellees and Cross-Appellants, v. Frank W. HARRISON III, Title Insurance Company of Minnesota, American Title Company of Dallas, and William R. Fox, Cross-Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied March 3, 1989.

Attorney(s) appearing for the Case

John W. Bickel, II, William A. Brewer, III, James S. Renard, Leonard H. Plog, II, Dallas, for appellant.

Charles R. McConachie, Kenneth F. Plifka, Dallas, for Duvall-Giles Co.

W. Andrew Barr, Thomas A. Connop, Dallas, for Frank W. Harrison, III.

Corbet F. Bryant, Jr., Dallas, for Title Ins. Co. of Minnesota & for American Title Co. of Dallas.

W. Bruce Monning, Bruce L. Collins, III, Dallas, for Peter W. Baldwin.

William R. Fox, Garland, pro se.

Before ENOCH, C.J., and LAGARDE and WHITTINGTON, JJ.

ENOCH, Chief Justice.

ECC Parkway Joint Venture complains that it was sold a tract of raw land without being told that the property was subject to a prior deed restriction limiting to thirty feet the height of any building constructed on the property. From this simple seed has sprung a veritable wilderness of litigation. ECC first sued its title insurer, Title Insurance Company of Minnesota, to recover under its title policy, and was paid a sum

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