Coleman v. Ponticos

HILL, Judge.

This is an appeal from a judgment entered on appellee’s motion for summary judgment, in appellee’s suit to cancel a contract and performance bond.

The Colemans, who owned a house in a subdivision being developed by appellee, Andrew Ponticos, had previously filed an action against Ponticos seeking to enjoin him from building any more houses in the subdivision on the ground that he was not complying with restrictions reserved in the deed to the Colemans. Before entry of a judgment in that case the parties executed the contract and performance bond which are the subject of this action.