Humphrey v. . Beall

'WiNBORNE, J.

The refusal of defendants’ motion for judgment as in case of nonsuit, here assigned as error, present this basic question: Do the covenants and reservations in the deed for lots sold by the developer negative a general plan or scheme for the development of the area of land in question for residential purposes? We are of opinion that as a matter of law the answer is “Yes.” The exception is well taken. Davis v. Robinson, 189 N. C., 589, 127 S. E., 697.

As a general rule, “the right of grantees from a common grantor to enforce inter se restrictive covenants entered into by each with…