Countess v. Strunk

CLARK, Judge.

Plaintiffs as purchasers of a tract of land brought this action against defendants Strunk, the sellers, contending that Strunks *248had misrepresented to them permitted commercial use of the property which proved unavailable after the purchase was completed. On this account, plaintiffs sought damages. The petition also asked a declaratory judgment defining permissible uses under the restrictions of a plat dedication and named eleven defendants in addition to the Strunks, all of whom were owners of lots in the subdivision.

On the declaratory judgment aspect of the case, the trial court…