Northwest Real Estate Co. v. Serio

Bond, C. J.,

filed the following dissenting opinion.

The restraint upon alienation included in the deed to Einbrod and wife seems clearly enough to' be one intended merely to give the developer of a suburban area of land power to control the character of the development for a time long enough to secure a return of his capital outlay, and to give early purchasers of lots and buildings some security in their own outlay. In those objects there is nothing against the public interest. We can hardly hold that the modem method of developing city or suburban areas as single large enterprises is…