Legal Opinion

Harvey v. Rubin

Michigan Supreme Court

Decided July 20, 1922No. Docket No. 146PublishedCited by 15 opinions

Appeal from Wayne; Chester (Guy M.), J., presiding. Bill by Olin E. Harvey and others against Harry Rubin to enjoin the violation of certain building restrictions. From a decree for plaintiffs, defendant appeals.

1Opinion of the CourtBird, J.

The decree in this case made permanent a temporary injunction restraining defendant from erecting a block of six stores at the southwest corner of Drexel and Charlevoix avenues, in the city of Detroit. Defendant was not content with this conclusion and has appealed to this court.

*309It appears that the lots on. the north half of block two of Jefferson and Mack avenue subdivision were sold with the following restrictions:

“And it is mutually covenanted and agreed between the parties hereto of the first and second part for themselves, their heirs, executors, administrators, successors and assigns,…

2Cases cited3 opinions

  1. Spahr v. CapeMissouri Court of Appeals · 1909
  2. Frink v. HughesMichigan Supreme Court · 1903
  3. Ivarson v. MulveyMassachusetts Supreme Judicial Court · 1901

3Cited by15 opinions

  1. Scheuer v. BrittSupreme Court of Alabama · 1928
  2. Putnam v. ErnstMichigan Supreme Court · 1925
  3. Carey v. LauhoffMichigan Supreme Court · 1942
  4. Schlicht v. WengertCourt of Appeals of Maryland · 1940
  5. Signaigo v. BegunMichigan Supreme Court · 1926

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