N. P. Dodge Corp. v. Calderwood

The opinion of the court was delivered by

Allen, J.:

This action was to enforce certain alleged building restrictions. Judgment was for defendants. Plaintiff appeals.

On August 29, 1936, plaintiff conveyed to defendant Calderwood three lots in Belmont addition to the city of Topeka. The deed was recorded on September 4, 1936. The deed contained the following provision:

“These lots are sold and deed given on the express covenant, that no dwelling shall at any time be placed thereon of less than four rooms, and at least 400 square feet of floor space, shingle roofing, drop siding, painted,…