Kuhs v. Kawelaske

SMITH, Presiding Judge.

Plaintiffs appeal from the action of the trial court in entering judgment against them on their petition for injunctive relief. Plaintiffs are the trustees of Kuhs Acres No. 3, a residential subdivision development. Defendants are the owners of a lot in said subdivision. Defendants have erected a fence around their property without the consent of the plaintiffs and plaintiffs seek a mandatory injunction to compel defendants to remove the fence.

In December 1968, defendants contracted with Muriel Realty Company to buy lot 6 of Kuhs Acres No. 3. The contract provided for…