Kotesky v. Davis

This is an appeal from a decree for specific performance of a land contract. Plaintiffs have paid the purchase price in full. Defendants refuse to convey and have served notice of intention to forfeit the contract on the ground that plaintiffs have violated its restriction reading as follows:

“The above land shall be used for residential and/ or agricultural purposes only. The above land shall not be used as a storage or sales place for used autos, auto parts, trucks, junk, tin cans, paper, or garbage.”

The alleged violation consists of plaintiffs’ use of the parcel of land involved as a…