St. Lo Const. Co. v. Koenigsberger

PRETTYMAN, Circuit Judge.

Appellees Koenigsberger, et al., brought a civil action in the District Court, seeking an injunction which would restrain appellant Saint Lo Construction Company, Inc., from erecting on certain real property any building except a private dwelling house. *26After trial without a jury, the court entered a decree as prayed, holding that the issue presented was res judicata in favor of the plaintiff. This appeal followed.

The property in question is a subdivision created in 1907, in the deeds to which was a covenant that any houses upon the several premises should be built…