Bryan v. Darlington

On Motion for Rehearing.

In our original opinion we stated that the restriction relied upon by appellants is not so broad arid all inclusive as to prohibit the operation of a “children’s nursery and day school.” We did not discuss or cite authorities in support of this conclusion. We deem it necessary to here do so. The restriction here relied upon by appellants is found in paragraph (f) of the “Restrictions for Arcadia Village,” and reads as follows:

“(f) No trailer, basement, tent, shack, garage, barn or other out building erected in the tract shall at any time be used as a residence,…