Legal Opinion

Barrows v. Jackson

Supreme Court of the United States

Decided June 15, 1953No. 517PublishedCited by 917 opinions

1Opinion of the CourtJustice Minton

This Court held in Shelley v. Kraemer, 334 U. S. 1, that racial restrictive covenants could not be enforced in equity against Negro purchasers because such enforcement would constitute state action denying equal protection of the laws to the Negroes, in violation of the Fourteenth Amendment to the Federal Constitution. The question we now have is: Can such a restrictive covenant be enforced at law by a suit for damages against a co-covenantor who allegedly broke the covenant?

Petitioners1 sued respondent at law for damages for breach of a restrictive covenant the parties entered into as owners…

2Cases cited39 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. Pierce v. Society of SistersSupreme Court of the United States · 1925
  3. Shelley v. KraemerSupreme Court of the United States · 1948
  4. Joint Anti-Fascist Refugee Committee v. McGrathSupreme Court of the United States · 1951
  5. Massachusetts v. MellonSupreme Court of the United States · 1923

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3Cited by917 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Rakas v. IllinoisSupreme Court of the United States · 1979
  4. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  5. Griswold v. ConnecticutSupreme Court of the United States · 1965

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