Legal Opinion
Andre v. Donovan
Michigan Supreme Court
Decided September 27, 1917No. Docket No. 142PublishedCited by 6 opinions
Appeal from Wayne; Van Zile, J. Bill by Anthony J. Andre and others against Timothy R. Donovan to restrain the erection of a building in violation of certain building restrictions. From a decree for plaintiffs, defendant appeals.
1Opinion of the CourtBrooke, J.
(after stating the facts). The first contention urged by defendant is that the two deeds from Hough and Wilcox to Sprague, dated June 20, 1884, operated as an abandonment of the restrictive covenants contained in the deed from Wilcox to Hough, dated June 14, 1883. Touching these deeds, it is said in argument:
“It is a singular and significant circumstance that, after making their mutual restrictive covenants in definite words, Wilcox and Hough should have omitted to affirm those covenants in making their later deeds to Mrs. Sprague; for it would have been the natural thing to mention them if…
2Cases cited6 opinions
- Schadt v. BrillMichigan Supreme Court · 1913
- Misch v. LehmanMichigan Supreme Court · 1913
- Moore v. CurryMichigan Supreme Court · 1913
- Casterton v. PlotkinMichigan Supreme Court · 1915
- Stewart v. StarkMichigan Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Boston-Edison Protective Ass'n v. GoodloveMichigan Supreme Court · 1929
- Swan v. MitshkunMichigan Supreme Court · 1919
- Rosenzweig v. RoseMichigan Supreme Court · 1918
- Monroe v. MenkeMichigan Supreme Court · 1946
- Moreton v. Louis G. Palmer & Co.Michigan Supreme Court · 1925
1 more not listed; retrieve them via the Exa API.