Donaldson v. White

Defendants built a house on a lot which is subject to a restrictive covenant against the construction thereon of a house of more than one and one-half stories. The obvious purpose of the covenant was to protect the view from an adjacent dominant uphill lot occupied by plaintiffs’ home. Plaintiffs brought this action for damages, claiming defendants breached the restrictive covenant by building a house of more than one and one-half stories, thereby destroying plaintiffs’ view. Defendants appeal from a judgment for plaintiffs entered pursuant to a jury verdict.

The sole issue on appeal is…