Asbury v. Mountz

BOULDIN, Justice.

Action by purchaser of building lot against the vendor for breach of covenant to provide water supply or water connection for domestic purposes.

In 1924 an executory contract in writing, in form a lease sale contract, purporting to sell plaintiff a lot in Lee Flighway Heights in Lauderdale coutity, was executed by her as buyer, and by “Koonce Real Estate Company, Authorized Dealer, Per, J. F. Koonce. Mrs. Ella J. Mountz, Seller.” This instrument stipulated:

“Buyer herewith agrees for himself his heirs, and assigns not to erect any dwelling or business building on above…