Wittenberg v. Mollyneaux

In an exchange of hotel property situate in Sutton, and owned by the plaintiffs in error, for another hotel property owned by defendant in error in the same' place, in the deed by which the latter conveyed to the former there appeared the following: “With all buildings thereon, the same not to be used for hotel purposes for two years from this date.” The deed was of date June 11, 1889. The defendant in error instituted this action in the district court of Olay county on March 24, 1891, and alleged for cause a violation of the restriction as to use of the property of inception September 17,…