Gammons v. Kennett Park Development Corp.

Carey, Judge,

delivering the opinion of the court:

For convenience the designation of parties used by the court below will be followed. The defendants below-appellants will herein be designated “individual defendants”, the plaintiff below-appellee will be called “Kennett”, and the defendants below-appellees will be designated collectively as “corporate defendants” and individually as “Westover” and “Development”.

The petition filed below prayed for a declaratory judgment declaring that the corporate defendants can lawfully at any time release, modify or terminate certain restrictions upon…