Tybrisa Co. v. Tybeeland, Inc.

Duckworth, Chief Justice.

While the covenants in the deed to secure debt to pay all taxes which may be imposed or which may otherwise accrue, and to pay any debt thereby secured, might or might not have been breached by the failure to pay taxes due May 1, 1964, or to pay the $2,012.72 which was a part of the purchase price held in escrow until certain things had been done, yet the undisputed evidence shows an unquestioned breach of the covenant to obtain written consent from the grantee before making substantial alterations and removal of improvements on the premises, and our decision will be…