Simon v. . Masters

On 6 February, 1926, tbe plaintiff and tbe defendant entered into a written agreement by tbe terms of wbicb tbe defendant was to sell to tbe plaintiff a parcel of land in the city of Asheville free from all encumbrances except a lien for tbirty-five hundred dollars. Tbe consideration was $13,710," and of this sum tbe plaintiff paid $500 upon tbe execution off tbe contract. Tbe plaintiff alleges that after tbe contract was made be discovered that tbe defendant’s title was encumbered by a restrictive covenant that tbe property should not be sold or rented to any person of a designated race for…