Bein v. McPhaul

CHAPMAN, Justice.

Appellants, Martin Bein and wife, Eu-gina Bein, and James H. Brown and wife, Deana Brown, sought damages in the Court below against Mrs. Inez Sloan, d/b/a Sloan’s Nursing Home, and J. D. McPhaul for alleged violation of a building restriction in Bender Terrace Addition to the City of Lubbock by the construction of a nursing home to be used for the care of aged people on Lot 92 in the addition. A motion for summary judgment was granted J. D. McPhaul. Appellants dismissed as to Inez Sloan, d/b/a Sloan’s Nursing Home and have perfected their appeal from the take nothing judgment…