French v. White Star Refining Co.

This bill was filed to restrain defendant from erecting a gasoline filling station on the northeast comer of East Grand Boulevard and Ferry avenue, on the theory that the location was one restricted to residential purposés. The trial court was impressed with the plaintiffs’ contentions and enjoined defendant as prayed.

The principal contentions of defendant are:(1) That the locus in quo is not restricted to residential purposes.(2) That if it has been restricted to residential purposes the restrictions have been waived.

It appears from the record that the land constituting the subdivision in…