McINTYRE v. ZARA

No. 19271.

394 S.E.2d 897 (1990)

Mark McINTYRE and Sharon McIntyre v. Martha K. ZARA.

Supreme Court of Appeals of West Virginia.

June 26, 1990.


Attorney(s) appearing for the Case

Jacques R. Williams, Edward R. Kohout, Hamstead, Hamstead & Williams, Morgantown, for Martha K. Zara.

William L. Frame, Wilson, Frame & Metheney, Morgantown, for Mark McIntyre, Sharon McIntyre.


PER CURIAM:

Martha K. Zara appeals from a summary judgment granted in favor of Mark and Sharon McIntyre, holding the property purchased by the McIntyres from Mrs. Zara was not subject to two restrictive covenants thereby allowing the McIntyres to subdivide their property and to use a contractor of their choice. On appeal Mrs. Zara contends that summary judgment should not have been granted because there is a genuine issue of fact concerning the parties' intent to...

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