Kaczynski v. Lindahl

This was an action to remove a condition which had been inserted by defendantsappellees in a deed to land subsequently acquired by plaintiffs-appellants.

The restriction contained in appellants’ deed provides for a reversion to the grantor or his heirs if the grantee, his heirs or assigns, keep for sale or permit liquor to be sold on the premises or use the premises for a dance hall or tavern and thus is a condition subsequent.

Appellants bought the property in 1960 and were aware of the restriction. They own and operate a gasoline station, grocery store, restaurant and motel at an intersection…